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A cross petition was filed by these defendants in which they alleged that the taking of the parcel would seriously depreciate the value of the remaining store property and that they were entitled to additional compensation for this resulting damage. The EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Plaintiff, Appellee, v. Sandra PORTER-ENGLEHART, et al., Defendants. The fact, as alleged, that the amounts were paid to the complainant and accepted by him on the fraudulent representations of the officers that such amounts were all that were due, has no effect upon the question of the equitable and proper distribution of the fund that was, as a matter of fact, actually distributed. On this record, it is equally no defense that Equitable professes to have been safeguarding the court's interests. Cook v. equitable life assurance society for the prevention. There shall be no restrictions or limitations on said Trustee, whose discretion and decisions shall not be questioned by any party, including the beneficiaries of this Trust, in anything said Trustee shall do as long as the decision is based on the needs of my children named above as the beneficiaries of this Trust. The trial court found that there was no genuine issue as to any material fact respecting Doris's claim to the proceeds of the policy and entered judgment in her favor as to the amount of the proceeds plus interest, a total of $3, 154. In the case before us, the word "Will" likewise described a particular writing without subjecting it to a legal test. A son was born of his second marriage. 1986), not out of whatever sums may be handy. Appellants quote the NASD Manual and cite from the arbitration procedures the clause that constitutes the center of this issue. The Appellate Division affirmed both rulings.

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Cook V. Equitable Life Assurance Society Conference

Soothing though the lyrics may sound, the libretto has no legal basis. If her benefits were used as Equitable suggests, she would in effect be subsidizing the insurer's expenses. On October 18, 1974, Manfred married Sandra Porter-Englehart. Here there is no such indication or implication. 512, 514, 98 N. 573 (1912); cf.

Providing certainty to beneficiaries and insurance companies about who. Moreover, future uses, such as the possible expansion referred to, appear not greatly material to a consideration of present value, as opposed to the present facts themselves. Lacking legal justification for withholding appellant's benefits and placing them into the court's registry, the insurer fell short of the standard set by ch. Cook v. equitable life assurance society conference. And in Borgman v. Borgman, (1981) Ind.

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As well as her relatives) would have been stricken from the insurance. Hrant H. Russian, Cambridge, Mass., for defendants-appellees Merle Joy Englehart, individually and as Trustee under the Last Will and Testament of Manfred O. Englehart, John O. Englehart, William L. Englehart, Andrew D. The equitable life assurance society of us. Englehart and Colleen A. Englehart. The latter jurisdiction they denominate as the leading proponent of the theory they espouse: "that the provisions of a Will, either alone or in conjunction with supporting circumstances, effectively change the beneficiary of a life insurance policy. " ¶ 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. They take complete effect as of that time. Did the jury have presented to it evidence sufficient to support a judgment for defamation against the defendants; 3. Did Mackey or Equitable abuse the conditional privilege that pertained to the Mackey letter; 5. If present use, rather than past acquisition and purposes, is determinative (as the majority seem to say, citing White v. *350 showing a regular full use for parking by store customers.
"No intention to deceive need be shown, and indeed an act might be deceptive under Sec. Donald R. Peck, with whom David R. Schmahmann and Nutter, McClennen & Fish, Boston, Mass., were on brief, for appellee Equitable Life Assur. 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. But this record presents no such case. Facts: In 1953, Douglas purchased a whole life insurance policy from Equitable, naming his wife, Doris, as the beneficiary. It seems clear that the parking lot is an integral part of the Wieboldt retail operation, and if as a result of condemning the parking property the market value of the store property declines, there should, in justice, be compensation for land damaged but not taken.

The Equitable Life Assurance Company

In Modern Brotherhood the insured had attempted to change the beneficiary of a mutual benefit insurance certificate in accordance with the terms of the certificate, but was thwarted in her attempts to do so by wrongful acts of the original beneficiary. ¶ 9 Appellants argue that the employment contract between appellants and appellee contained an arbitration clause requiring the parties to arbitrate "any dispute, claim or controversy that might arise" between them, and that this clause was controlling in the instant case. Communications Workers of America v. Western Electric Co., 860 F. 2d 1137, 1142 (1st Cir. At 102-03, 88 N. 446. Not only wills, but also will substitutes.

A jury could reasonably infer from this statement that the witness understood the letter to be defamatory. The defendants' contention that they were unduly restricted in presenting proof of the condemned parcel's value is, we believe, meritorious. App., 420 N. 2d 1261, trans. Nevertheless, there is ample case law in this jurisdiction to support the trial court's determination. There would be no necessity for an allegation, much less the slightest, even prima facie, proof of wrongdoing, or that there had been any mistake made by the company in the apportionment made by it. And finally, abuse of a conditionally privileged occasion. At 93; it was "sufficiently identified" in the text of the designations, Bemis, 251 Mass. It follows, then, that satisfying the beneficiary is the contractual responsibility of the insurer, not the fiduciary responsibility of the administratrix. Appellant's jurisdictional objection vis-a-vis the 30% share of the accidental death policy is equally puzzling.

Cook V. Equitable Life Assurance Society For The Prevention

It is well settled that judgment n. is proper only when "no two reasonable minds could fail to agree that the verdict was improper. " A privilege may also be false [sic] if the publisher exceeds the scope of the privilege. Margaret and Daniel. Affirmed in part; reversed in part; remanded. But whether one exists or not is to be ascertained from the intention of the parties. "

Here, the store and parking properties were acquired at different times, from different owners, and for different purposes. A testator must comply with the rules of the insurance policy to effect a change of beneficiary. Physical contiguity is important, however, in that it frequently has great bearing on the question of unity of use. ¶ 17 Appellants also contend that the evidence was insufficient to sustain a verdict of $125, 000 on the breach of contract claim or $500, 000 on the defamation claim. Appellant has also assigned error to the May 30 Order, wherein the lower court granted summary judgment in Equitable's favor on the counterclaims. This case was decided), divorce revokes by operation of law.

See generally Restatement (Second) of Trusts Sec. " Tyler v. Treasurer and Receiver General, 226 Mass. This alley, which is 16 feet in width, extends east 125 feet from Peoria Street to a north-south alley which connects with both Green and Sixty-fourth streets. 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.

The prayer for counsel fees must be denied. Douglas bought a life. Co. v. Boling, 32085... 1916A, 771; Modern Woodmen of America v. Mizer, 69 783, 267 U. Mackey testified that he never investigated whether the letter had been sent to any clients, never knew whether the letter had been sent, or even talked to Cooke about the draft, N. Trial excerpt, at 418-19, 42. Since the value of property depends to a great extent upon its physical location, and since along with other elements it provides the very foundation upon which an opinion is based, it was entirely proper for the defendants in this case to inquire as to whether these factors had been fully considered by the witnesses. How, then, can plaintiff justify having filed an interpleader encompassing those funds? Sandra next argues that, even absent a finding of "willful or knowing" misconduct, she is entitled to some further relief on her first counterclaim. Summary judgment was fully warranted. Next, the understanding by the recipient of its defamatory meaning.

Douglas Cook named the appellant, Doris Cook, the beneficiary of his life insurance policy. "); Bianchi v. Bedell, 2 N. 236, 237, 63 A.

Yet, see, she smiles! Leave, alas, then, ah leave tormenting. Who wrote the song Rich Young Dumb Nymphomaniac. Gutenberg Literary Archive Foundation, the owner of the Project. Be god of love, but that he should. "Sometimes would he go like a bellman in the night, and with many pretty. Each day of thine, sweet month of May, Love makes a solemn holyday: I will perform like duty, Since thou resemblest every way. Which love by thy sweet looks hath slain, Lest that, enforced by your disdain, I sing 'Fie on love!

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Elizabethan Age, by Various. Her eies be Saphyres plaine; If Rubies, loe! Sweet Love, I will no more abuse thee, Nor with my voice accuse thee; But tune my notes unto thy praise. Ways including checks, online payments and credit card donations. I was thus unhappy born, And ordained to be her scorn. To get what must be lost again.

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What 'tis to love a dame so fickle. Poem was I know not. There is a Lady sweet and kind, Was never face so pleased my mind; I did but see her passing by, And yet I love her till I die. Your written explanation. Each hath full rest: the one, in joys enroll'd; Th' other, in that he fears no more, is well. A mind wherein all virtues rest. Some can flatter, some can feign (Corkine). Rich young dumb nymph lyrics.com. My trade doth everything. This is thy first maiden-flame that triumphs yet unstainèd, All is artless now you speak, not one word is feignèd; All is heaven that you behold, and all your thoughts are blessèd, But no spring can want his fall, each Troilus hath his Cressid. He tickles this age that can. Once there, now for our town and take it: Soft awhile, not away so fast, they melt them! Love raise Desire by his sweet charms.

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It is not too much to say that, for delicate. That sits and marks whoe'er doth act amiss: [Pg 153]. O rich finding (Pilkington). While my poor flock doth starve. 1626, and was alive in 1641. Is no copy in our national library. And not sufficed with this, she says, I did release the right. Go, let alone my heart and me, Which thou hast thus affrighted! From Thomas Campion's Third Book Of Airs (circ. Rich young dumb nymph lyrics.html. A flattering glass to gaze upon, A busy jest, a serious toy, A flower still budding, never blown, A scanty dearth in fullest store.

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