Cook V. Equitable Life Assurance Society | 21St Century Lyrics By Bad Religion

States employing the common law approach include New York, Ohio, Florida, and Washington. If there is no Last Will and Testament or if either portion is unclaimed after one year from the date of death, pay any unclaimed portion to my estate. Of USAnnotate this Case. 612, 616, 91 N. 2d 826 (1950); see generally 5 M. Rhodes, supra, Sec. The equitable life assurance society of us. Sandra's flagship contention is that legal revocation of the Will precluded its use in establishing the terms of the insurance trust. If the insured has pursued the course pointed out by the laws of the association, and has done all in his power to change the beneficiary; but before the new certificate is actually issued, he dies, a court of equity will decree that to be done which ought to be done, and act as though the certificate had been issued.

1. Cook v. equitable life assurance society of the united
2. The equitable life assurance society of us
3. The equitable life assurance company
4. Scottish equitable life assurance policy
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Cook V. Equitable Life Assurance Society Of The United

He and his first wife, Merle, had four children before they were divorced on July 24, 1969. 9 Fairness is a two-way street: to sanction an award of attorneys' fees to Sandra in this instance would not do justice, but rather would produce an undeserved windfall for appellant. PROFESSIONAL PARTNERSHIP - DISSOLUTION - GOOD WILL - 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. 2d 531, 534 (Pa. 1997). The tale which confronts us, and our resolution of it, follows. Record Appendix at 142. On June 7, 1976, Douglas made a holographic will in which he bequeathed his insurance policy with Equitable Life to his wife and son, Margaret and Daniel:"Last Will & Testimint [sic] I Douglas D. Cook Being of sound mind do Hereby leave all my Worldly posessions [sic] to my Wife and son, Margaret A. Cook & Daniel Joseph Cook. We conclude, therefore, that the jury did find breach of contract. In re Brown, 242 N. Scottish equitable life assurance policy. 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). N. Partnership Law § 74 (McKinney 1996). Denied, the court recognized an insured's right to rely on the provisions of the policy in regard to change of beneficiary:"We must reject appellant's contention that the provisions set forth in the certificate, as mentioned above, are for the exclusive benefit of the insurance company and may be waived at will.

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In her first counterclaim, Sandra charged that Equitable dealt unfairly or deceptively when it sought interpleader as to 30% of the accidental death benefit, rather than paying that share directly to her. Soc., 145 F. 2d 945, 949 (3d Cir. Two tracts of land might be so connected and used as to constitute but one tract, and in such a case, in a proceeding to condemn a part, it would be proper to consider the damages to the whole. However, the court left these instances undefined. The SJC recognized that, "[f]or the purpose of showing who was the beneficiary, and what the terms of the trust were, evidence of the declarations oral and written of the donor w[as] admissible" to amplify the cryptic designation contained in the policy. 2d 699, 705 (), quoting Reilly v. SEPTA, 507 Pa. 204, 489 A. Cook v. equitable life assurance society of the united. Appellant does not accept this characterization, adverting to three ways in which the failure promptly to pay over the 30% share harmed her. THE CITY OF CHICAGO, Appellee, v. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES et al., Appellants. The lot is, of course, used for parking but for store customers.

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Nothing in the record suggests otherwise. This case was decided), divorce revokes by operation of law. Accord In re Pilot Radio & Tube Corp., 72 F. 2d 316, 319 (1st Cir. Moreover, Sandra's right to the 30% share of the accidental death benefit had never been questioned or challenged.

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12 (1966) (Disciplinary Rule 2-107) (allowing payment of former partner pursuant to separation agreement); 22 N. Title 22, § 1200. John T. Sharpnack, James F. Rosner, Sharpnack, Bigley, David & Rumple, Columbus, for interpleader ATEMENT OF THE CASE. Instead, the court reasoned, the partnership's treatment of the pension plan coupled with the fact that the partnership agreement limited pension payments to no more than fifteen percent of partnership profits caused the pension payments to be operating expenses of the successor firm contingent on its future profits. We may be sympathetic to the cause of the decedent's widow and son, and it might seem that a departure from the general rule in an attempt to do equity under these facts would be noble.

Court||United States State Supreme Court of Mississippi|. 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. The various allegations in regard to waste, mismanagement, and improper investment and reinvestment of the funds of the defendant, and also the alleged fraudulent conduct of the officers guilty of such acts, do not show any inequitable or improper actual distribution of the fund as amongst the policy holders themselves. That prohibition extends to "unfair claim settlement practices, " which the statute defines as including "[f]ail[ure] to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear. 457, 471, 53 N. 2d 113 (1944) (so long as interest passes from owner presently, while owner remains alive, transfer is not testamentary). Upon endorsement of a change of beneficiary upon this policy by the Society, such change shall take effect as of the date the written notice thereof was signed, whether or not the Insured is living at the time of endorsement, but without further liability on the part of the Society with respect to any proceeds paid by the Society or applied under any option in this policy prior to such endorsement. Beneficiaries of a life insurance policy may not be changed by a will if the policy contract provides a specific method for changing beneficiaries. The district court awarded Sandra the 30% share of the accidental death policy, finding that her right to that money was not in fact contested. At 768-72, 473 N. 2d 1084 (extrinsic evidence admissible to establish that use of phrase "nephews and nieces" in trust indenture referred to relatives of settlor's former spouse). It should not be followed.

Policy and the now beneficiary-less policy would have reverted to Douglas'. The record belies this assertion. 62, 68, 234 N. 2d 888 (1968) (inappropriate for court to imply contract provision which parties, had it been their intention, would naturally have been expected to include). Will that left the insurance policy to. He offered credible evidence that this client base has been damaged, a loss that may be difficult to calculate over the remainder of his career, a career that now involves the sale of long-distance telephone services rather than insurance. Sympathized with Margaret, but found that there was good public policy in.

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