He and his first wife, Merle, had four children before they were divorced on July 24, 1969. The record reflects (1) an absence of adverse claims to the 30% share, and (2) no cognizable basis for considering a surcharge against it. Code (which was not in effect when. On the same day that Taylor applied for the certificate he made his will in which he acknowledged the certificate for his daughter's benefit, but also provided that the certificate benefits, under certain circumstances, were to inure to the benefit of his wife or estate rather than as provided in the certificate for the exclusive benefit of his daughter. See, e. g., Home Indemnity Co. v. Cook v. equitable life assurance society of the united. Moore, 499 F. 2d 1202, 1205 (8th Cir.
The certificate provided that Taylor could change the named beneficiary by following certain procedures. In Massachusetts, "the existence of a trust does not depend upon the terminology used. " 1986) at 504 (footnote omitted). Cook v. equitable life assurance society for the prevention of cruelty. Where there is a present, unified, business use, as in the instant case, courts generally have adopted a more liberal view. 3738 and Group Accidental Death and Dismemberment Policy No. Moreover, Sandra's right to the 30% share of the accidental death benefit had never been questioned or challenged. ISSUE & DISPOSITION1. Decision Date||14 October 1912|.
This is a case of first impression in Illinois. Presented to us, then, is the question of the consequence of failing to appeal an order "within the time and to the same extent as an appeal from a final order of court in a civil action. " We must grant the verdict winner all reasonable inferences, and determine if there was sufficient competent evidence to sustain the verdict. Linthicum v. Archambault, 379 Mass. Facts: In 1953, Douglas purchased a whole life insurance policy from Equitable, naming his wife, Doris, as the beneficiary. You can sign up for a trial and make the most of our service including these benefits. The divorce agreement made. Cook v. equitable life assurance society of the united states. Scott v. Southwestern Mutual Fire Association, 436 242, 647 A.
¶ 19 We find that the evidence supports the jury's findings that appellants published the letter relating to the appellee, that the letter was understood to be defamatory by its recipients and that appellee was harmed by the defamation. 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. Listed on the insurance policy trumps the beneficiary listed in the will. See Hazleton Area School Dist. In short, the Will is not a will as such, but simply a "means for supplying... proof" as to the trust's particulars. Appellant's second counterclaim alleged that Equitable violated Chapters 93A and 176D by refusing to pay the estate the 70% shares due under the policies, instead commencing the interpleader action. 1974); Koehring Co. Hyde Construction Co., 424 F. 2d 1200, 1205 (7th Cir. 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. Thus, although the condemned parcel was being presently used for free parking purposes, the owners should have been allowed to offer evidence as to its commercial use and facts in support thereof. N. Partnership Law § 74 (McKinney 1996). Particularly instructive for our purposes is a turn-of-the-century case, Kendrick v. Ray, 173 Mass.
If the Uniform Probate. They were in no manner connected, and never could be connected without the consent of the city, which may never be obtained. Because of our previous finding that the evidence was sufficient to find negligence, we are compelled to find the evidence sufficient to support a finding that appellants abused any existing conditional privilege. We need not belabor the obvious. Denied, this court held that an interpleader action by a life insurance company does not affect the parties' rights. 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. Additional information is necessary to give the opinion support and to clarify its meaning. 9, 101 N. 289, 45 L. A., N. S., 192. That language, appellant urges, should be read as though an adjective--say, "valid" or "probate-eligible"--modified "Last Will and Testament. " Interpleader is a device which was developed to protect a party against being "caught in the middle"; one rightfully in possession of property, confronted with two or more competitors who demand that property, ought not be forced to evaluate the opposing claims at its peril.
There are at least two major problems with this self-righteous approach. Robertson v. Atlantic Richfield, 371 49, 537 A. Probate of the Will was in no way a condition precedent to distributing the policy proceeds. At 308, 53 N. In conjunction with the designation, that evidence--the sealed letter and Kendrick's statements to Mrs. Smith--was sufficient to prove the essential elements of a trust.
¶ 14 The first complaint raised by appellants is that there was no evidence that the Mackey letter was understood by any of the recipients to be defamatory. Where adversative claims to a fund do not exist, a party has no right to deposit into court monies which it knows belong to another, and casually stroll away. Taft had no knowledge of any insurance or trust. Such an elaborate game of ring-around-the-rosy seems utterly pointless. The district court found, and appellant's counsel admits, that the decedent wanted 70% of the aggregate insurance benefits held in trust for his children. As we have already pointed out, Sandra's right to the 30% was never a subject of dispute.
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]. " 428 N. E. 2d 110 (1981). Insurance policy with Equitable Life and named his wife Doris as the. We may affirm on grounds other than those relied upon by the trial court. Miketic v. 2d 324, 327 (). Like William Shakespeare's account of King Ferdinand of Navarre and his much-befuddled lords, this too is a case of "Love's Labour's Lost. " In 1976, Douglas made a holographic will in which he bequeathed his life insurance policy to Margaret and their son.
The standard is an objective one. At 7, the judge interpreted the phrase "[i]f there is no will" to mean "if the will is non-existent, " not "if the will is incapable of being probated. "
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