A testator must comply with the rules of the insurance policy to effect a change of beneficiary. They lay no foundation for the jurisdiction of a court of equity in such a case, unless it appears that the relation between the policy holder and the defendant is that the latter is the trustee of the former by reason of the trust relation between them resulting from the insurance policy. Christopher M. Dube, '98. Furthermore, at the time Holland was written, it was the law that an insured under an ordinary life insurance policy had no authority to change the beneficiary or in any way affect her rights without her consent. This view is supported, not only by reason that other national chain stores are operating in the same vicinity without benefit of such parking facilities, but also by the fact that throughout their offer of proof and briefs, the defendants were not so much interested in the loss of the parking facilities themselves as they were concerned about the elimination of future expansion possibilities.
Margaret and Daniel. "The mere statement of such a fact, it seems to us, is conclusive against the existence of any such right. After all, to support an interpleader action, the adverse claims need attain only "a minimal threshold level of substantiality. " She urges, however, that the district court should have declined to hear the case because Merle's proper remedy lay in probate court; and asserts, alternatively, that Merle's claims are frivolous and thus not truly adverse. SELYA, Circuit Judge. Manfred's intent is not legitimately in issue. ¶ 15 Appellants, though, conflate appellee's burden of showing the defamatory character of the communication with the burden to show damages, and suggest there is no evidence to show appellee was damaged by the letter. Kendrick Memorial Hospital v. Totten, (1980) Ind. They were in no manner connected, and never could be connected without the consent of the city, which may never be obtained. Pa. R. A. P. 311(a)(8) makes appealable as of right an interlocutory order "made appealable by statute or general rule. "
Supreme Court of Illinois. After careful consideration, we hold that the trial court was correct in refusing to permit evidence in support of the cross petition but erred in restricting proof of the condemned parcel's value, and for that reason, the judgment of the circuit court of Cook County is reversed *349 and the cause remanded to that court for further proceedings not inconsistent with this decision. The paterfamilias, Manfred Owen Englehart, Jr., was a mathematician employed by Factory Mutual Engineering Corporation (FM). From a decree overruling a demurrer to the bill, defendants appeal. Neither were the defendants allowed, upon direct examination, to give facts in support of their opinions as to use and value. Next, the understanding by the recipient as intended to be applied to the plaintiff.
Margaret A. COOK, Administratrix C. T. A. of the Estate of Douglas Daniel Cook, Deceased; Margaret A. Cook; Daniel Joseph Cook, a Minor, Defendants-Appellants, v. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Interpleader Plaintiff-Appellee, Doris J. Combs, Defendant-Appellee. Appellant argues that, even if the terms of a will can be read into an inter vivos trust to give the latter necessary substance, such a rule is inapplicable in this case for a triad of reasons. 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. Court||United States State Supreme Court of Mississippi|. In the Commonwealth, it has been settled since the presidency of James Monroe that "letters or other papers, however informal, are sufficient to constitute [a] declaration [of trust]. " And the challenged sentence has a plausible purpose exactly as written: it covers situations in which there might literally have been no will when Manfred died--for example, if the Will had been destroyed or could not be found. Under such circumstances, incorporation by reference was impossible; there was no ascertainable document to which the policyholder, when authoring the assignment, could have been alluding. The complainant alleged that this so-called surplus of the defendant belongs entirely to the policy holders, after making certain deductions, and the defendant holds it, or at any rate a large portion of it, in trust for them, and that such is the proper construction of the charter and the policy; and he also avers that defendant has not distributed it from time to time to the policy holders, as intended by the charter and the policy.
This, we think, was entirely fitting. That missive, addressed to Taft, instructed the latter to "pay over in case of my death any money collected by you as trustee on any policies of insurance on my life to Mrs. Thomas J. Smith, Hotel Pelham. " Here, contract law will determine whether the proceeds belong to the estate or to the named trustee. 12 (1966) (Disciplinary Rule 2-107) (allowing payment of former partner pursuant to separation agreement); 22 N. Title 22, § 1200. On March 5, 1965, Douglas and Doris were divorced. At 770, 473 N. 2d 1084. The policy contained the following provision with respect to beneficiaries:"BENEFICIARY. Incorporation by reference is an accepted device in the law of trusts and estates. ¶ 25 Judgment of the trial court is affirmed. Affirmed in part; reversed in part; remanded. In re Brown, 242 N. 1 (N. 1926). A communication written on a proper occasion under proper motive for a proper purpose in a proper manner and based upon reasonable cause is privilege. Swann v. Mitchell, 435 So. For the basic test is unity of use.
Abrams v. Reynolds Metals Co., 340 Mass. Margaret Argument: Indiana law does not always require strict compliance with the terms of an insurance policy's method of changing beneficiaries. 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. The divorce agreement made. The measure of compensation for land taken by eminent domain proceedings is its fair cash market value for the highest and best use to which it is available, even if, at the time of filing the petition, the land is not being put to such use. Appellants' assertion is without merit. All my machinecal [sic] tools to be left to my son if He is Interested in Working with them If not to be sold and money used for their welfair [sic] all my Gun Collection Kept as long as they, my Wife & Son [sic] and then sold and money used for their welfair [sic] I sighn [sic] this June 7 1976 at Barth Conty Hospital Room 1114 Bed 2 /s/ Douglas D. Cook /s/ 6-7-76 Margaret A. Cook wife /s/ Chas. ¶ 23 Finally, appellants contend that the verdict sheet and the charge used by the trial court were erroneous and prejudicial to them. Remember, non-probate. Nor does it give a cause of action of an equitable nature. See generally Restatement (Second) of Trusts Sec. Nothing in the record suggests otherwise. Ordinarily the remedy for non-compliance with the Pa. 1925(a) is a remand to the trial court with directions that an opinion be prepared and returned to the appellate court. It should not be followed.
The policies afforded coverage. Carpenter v. Suffolk Franklin Savings Bank, 362 Mass. Yet, the case at bar is at a sizable remove: since life insurance policies must be paid directly to the designated beneficiary rather than distributed through the probate estate, a federal declaration concerning such proceeds in no way interferes with the work of the probate court. As previously noted, plaintiff met his burden of proving damages by presenting evidence that he had been unable to schedule meetings with past customers after Mackey sent his letter. We agree with Doris. We discern a close analogy between the present situation and the line of Massachusetts cases in which an insured named his "wife" as the beneficiary, even though the parties' marriage was not legal. Moreover, Sandra's right to the 30% share of the accidental death benefit had never been questioned or challenged. Cooke became an Equitable agent in 1968. ¶ 20 Appellants also contend that the evidence was insufficient to find abuse of conditional privilege. Rene M. Devlin, '97.
It did not pay over the 30% share of the accidental death benefit at that time. The Appellate Division affirmed both rulings. The only case to the contrary of the position taken by appellant herein, so far as we have discovered, and the case on which apparently this bill is based, is the case of Equitable Life v. Winn, 126 S. W. 153, decided by the court of appeals of Kentucky on March 18, 1910, and after all of the decisions above cited. Co., 50 N. 610; People v. Security Life Ins. We can see no reason why we should arrive at a different result in the present case.
But decedent had established a trust for the benefit of his wife and children in his will and had named the same institution as custodian of that trust. Here, the store and parking properties were acquired at different times, from different owners, and for different purposes. Code had been in effect, Doris' name. 2d 37, 39 (), alloc.
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