2d 432 () (citations omitted) (quoting Duquesne Light Company v. Woodland Hills School District, 700 A. E. N. THOMAS, Chancellor. After Taylor's death, Holland was appointed guardian of Anna Laura and brought an action requesting that the executors of Taylor's estate pay over to him the fund which they had collected from the Royal Arcanum.
Remember, non-probate. Indiana, in fact, has specifically rejected this position. Since it is quite evident that property which can produce no income has but little value, more facts were needed to explain this apparent inconsistency. The prayer for counsel fees must be denied. He was notified in July 1965 of the change in his policy, but took no action. Thus, while recognizing that there were some essential differences respecting the right to change beneficiaries between the associations and insurance companies, the court stated that, "in either case the rights of the beneficiary are dependent upon and fixed by the contract between the assured and the company or association.... " Id. Was the Verdict Sheet presented to the jury, and the charge to the jury, erroneous and prejudicial to the defendants, warranting a new trial? Nevertheless, unsupported allegations in a brief are not viewed as facts. The equitable life assurance society of the united states phone number. W. Shakespeare, Love's Labour's Lost, Act V, scene 2 (1598). Disputed in the accounting was the treatment of the law firm's goodwill and its unfunded pension plan.
Thomas v. 2d 437, 442-43 (Neb. We do not believe the trial court abused its discretion by accepting appellee's reason for late submission under the "for good cause" exception to the pre-trial order. 9(3), thereby creating a possible entitlement to enhanced damages. 1983) (goodwill of a partnership should be recognized as an asset in determining a partner's share upon dissolution); Harstad v. 1960) (finding there was no goodwill to distribute where each partner was continuing his own business after division of assets, ). Scottish equitable life assurance policy. 72, 81, 365 N. 2d 802 (1977); cf.
The partnership agreement deemed goodwill to be of no value. Prepared By: - Richard J. Colosimo, '97. Next, special harm resulting to the plaintiff from its publication. It follows, then, that satisfying the beneficiary is the contractual responsibility of the insurer, not the fiduciary responsibility of the administratrix.
¶ 24 Our review of the jury charge reveals the following instructions: If you do so find in favor of Mr. Cooke and against the defendants, you must also determine for the purposes of damages whether the defendants acted intentionally, recklessly or negligently. Under the facts and circumstances of this case, we are of the opinion that the properties in question are not so interrelated as to warrant their consideration as a single unit., where a strip was condemned for highway purposes through a residential subdivision. If her benefits were used as Equitable suggests, she would in effect be subsidizing the insurer's expenses. As to the testimony regarding appellee's pension benefits, we note that appellants failed to object at the conclusion of appellee's direct examination of Mr. Conlon that a foundation had never been laid for the earlier admission of appellee's loss of benefits. Appellant received this sum on or about April 12, 1985, in pursuance of the April 12 Order--but that payment did not necessarily wipe the slate clean. 2d 936, 1998 Pa. Lexis 1193 (Pa. 1998)). 770, 777, 291 N. 2d 609 (1973) (quoting Gordon v. Gordon, 332 Mass. Cook v. equitable life assurance society of the united. Specifically, "good will is not ordinarily attributable to a law partnership. " But the mere fact that an individual was the owner of one of those policies in force at the termination of the tontine period would give him a right of action and a right to demand this proof from the defendant. April 12 Order at 1. " Carpenter, 362 Mass. The deceased insured himself is entitled to rely upon such provisions that he may at all times know to whom the proceeds of the insurance shall be payable.
Douglas was allowed to change the insurance beneficiary by writing to Equitable and having them endorse the change. In Spayd v. Turner, Granzow & Hollenkamp, the Supreme Court of Ohio held that "the provision for goodwill as an asset of a partnership which is to be distributed upon dissolution of the business is a matter of contract between the partners and must be specifically set forth in the partnership agreement. " We examine them seriatim. While she received some interest when the principal sum was belatedly paid, the record is tenebrous as to whether she received what was rightfully due to her. Yet in this case, any such fees would be de minimis. These are unexacting standards--and Merle's offering clears the jurisdictional bar with room to spare. This will was admitted to probate in Bartholomew Superior Court after Douglas's death on June 9, 1979.
App., 408 N. 2d 130; Moll v. South Central Solar Systems, Inc., (1981) Ind. 130-31, 12 N. 116:"Taylor, the assured, neither changed, nor attempted to change, the beneficiary in the mode and manner provided in the by-laws. At 777, 291 N. 2d 609 (quoting Povey v. Colonial Beacon Oil Co., 294 Mass. The threat of possible multiple litigation--not necessarily the likelihood of duplicative liability--justifies resort to interpleader. Incorporation by reference is an accepted device in the law of trusts and estates. Under this more expansive definition, goodwill becomes a saleable asset in certain circumstances. 1 From aught that appears of record, Manfred knew nothing of the statute or of its effect. The firm's financial statements reflected neither goodwill nor the pension plan. While the majority strongly rely upon two early railroad condemnation cases, White v. (1894), and Metropolitan West Side Elevated Railroad Co. Johnson, (1896), both may be distinguished. Pay 30% of the proceeds to my wife, Sandra Porter-Englehart. Instead of making further disbursements, Equitable brought the instant interpleader action.
While we may be sympathetic to Margaret and her son, if Douglas wanted to change the beneficiaries, he should have done so properly. Almost one hundred years ago our supreme court in Holland v. Taylor, (1887) 111 Ind. In that case the Kentucky court departed from and ignored the numerous well-considered cases in which it had been held that the trust relation did not exist. Our answer is found at Pa. § 311(g)(1)(I), which states, "failure to appeal ․ [u]nder Subdivisions (a), (b)(2) or (f) of this rule shall not constitute a waiver of the objection to the order. 15-a (1996) (Disciplinary Rule 2-111) (allowing sale of law partnership and accompanying goodwill). The court notes, "the holding in this case is based on the specific facts presented, and should not be construed as a prohibition against the valuation, in the appropriate case, of law firm good will. Lehmann Estate, 388 Ill. 416. ) It was impossible, therefore, for the insured to comply literally with the bylaws and regulations of the society for changing beneficiaries even though she notified the society of her desires to change the beneficiary on her certificate and also indicated those desires in her will. This appeal followed.
In re Brown, 242 N. 1926) (holding brokerage partnership goodwill of no value); Siddall v. Keating, 7 N. 1959) (determining law partnership goodwill of no value based upon behavior of firm). And the fact that the one who otherwise answers the description does not, or did not at the inception of the insurance, have the legal status of wife of the insured does not prevent her from taking as beneficiary if it is otherwise clear that she is the person intended, assuming that she is eligible to designation as beneficiary and that the misdescription of her as "wife" does not amount to a breach of warranty or misrepresentation avoiding the insurance. ' Equitable's duty was clear--and it was transgressed. The record reflects (1) an absence of adverse claims to the 30% share, and (2) no cognizable basis for considering a surcharge against it.
84 comment b (1959).
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