Cook V. Equitable Life Assurance Society - Can Women Take Royal Honey

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Jackman, 145 F. 2d at 949. Cook v. Lauten, 117 N. E. 2d 860 (Ill. 1954). That strict compliance was not required to change the beneficiary, but.

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320, 324, 168 N. 804 (1929); see also Montague v. Hayes, 76 Mass. Clearly, an order dismissing a petition to compel arbitration is immediately appealable. 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. 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. " Upon trial, however, the court refused to allow the introduction of any evidence in support of the cross petition on the grounds that such was not a proper element of damage in an eminent domain proceeding. Smith v. Bell Telephone Co., of Pennsylvania, 397 Pa. The equitable life assurance company. 134, 153 A. Under the law of Indiana, therefore, in order for appellants to have defeated the motion for summary judgment in this case they must have made some showing that the insured had done all within his powers or all that reasonably could have been expected of him to comply with the policy provisions respecting a change of beneficiary, but that through no fault of his own he was unable to achieve his goal. This theory, though superficially appealing, cannot withstand scrutiny. And in Borgman v. Borgman, (1981) Ind. 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. In order to recover damages in an eminent domain proceeding for property not actually taken, it must appear that this and the condemned land are contiguous, that is, they are either physically joined as a single unit or so inseparably connected in use that the taking of one will necessarily and permanently injure the other.

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. On direct appeal, the defendants' chief contentions are (1) that they were unduly restricted in presenting proof of the condemned parcel's value, and (2) that the trial court erred in refusing to permit evidence in support of the cross petition. The policies afforded coverage. Scottish equitable life assurance policy. 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. '

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JOHN C. MELANIPHY, Acting Corporation Counsel, of Chicago, (ROBERT J. NOLAN, of counsel, ) for appellee. 12 (1966) (Disciplinary Rule 2-107). ¶ 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. Cooke became an Equitable agent in 1968. The equitable life assurance society of us. They are in no wise modified or increased at the time of the death of the insured. Tracts physically separated from one another frequently, but we cannot say always, are not and cannot be operated as a unit, and the greater the distance between them the less is the possibility of unitary operation, but separation still remains an evidentiary, not an operative fact, that is, a subsidiary fact bearing upon but not necessarily determinative of the ultimate fact upon the answer to which the question at issue hinges. The result should logically be the same. J., page 594; Perkins v. 425.

Upon his death, therefore, Anna Laura became entitled to the amount to be paid upon the certificate, as her absolute property; appellees' executors, having collected from the Royal Arcanum, hold the amount so collected in trust for her, but they have no right to control, manage, and dispose of the fund as directed by the will, because, as to that fund, the will is of no effect. Unlike in Frost, the trust instructions were undeniably in the front of the insured's mind when he designated the trustee as beneficiary. The former is used for retail merchandising while the latter is used for public parking. 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. The requisites of a trust may be discovered when several documents of various sorts are read in conjunction and construed in light of all the surrounding circumstances.

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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. And while the rights of a divorced beneficiary may be terminated by facts in addition to the divorce, in the absence of a policy provision to the contrary or regulation thereof by statute, the rights of a beneficiary under a policy of life insurance are not affected merely by the fact that the beneficiary named thereunder has been divorced from the assured subsequent to the issuance of the policy. City of Chicago v. EQUITABLE LIFE ASSURANCE SOC., US, 134 N. E. 2d 296 (Ill. 1956). We look to the charge in its entirety, against the background of evidence in the particular case, to determine whether or not error was committed and whether that error was prejudicial to the complaining party. 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. 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. See Van Dyke v. St. Paul Fire & Marine Ins. It may well be that the joint ownership of these parcels is convenient or even beneficial, yet it cannot be said that the elimination of the free parking facilities. Supreme Court of Illinois. Instead, "[w]hether a trust was created depends upon the intention of the parties 'manifested by their words and conduct and the end to be accomplished. ' It should have tendered the 30% share of the accidental death benefit at about the same time.

The recent revision of the ethical regulations for the legal profession alleviate the ethical concerns regarding the sale or distribution of goodwill. The parties, agreeing on little else, acknowledge that the substantive law of Massachusetts controls. The purpose of Rule 1925(a) is to give the appellate court a reasoned basis for the trial court's decision and to require the trial judge to consider thoroughly decisions regarding post-trial motions․. We scrutinize the ruling. 2d 699, 705 (), quoting Reilly v. SEPTA, 507 Pa. 204, 489 A. 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. Costs allowed in favor of defendant-appellee Merle Joy Englehart to be taxed against appellant.

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Pay 30% of the proceeds to my wife, Sandra Porter-Englehart. Denis Frauenhofer, for appellant. The court held:"And where the policy or the contract of life insurance contains the right of the insured to change the beneficiary, such right must be exercised in the manner provided in such policy or contract. Was there in fact a finding by the jury that defendants had breached the Agency Contract by not paying renewal commissions; 6. But this record presents no such case. And, even though a party against whom a motion for summary judgment is made need not present his entire case in a summary judgment proceeding, he must come forth with specific facts to show that there is a genuine issue as to the material facts. Of the U. S. Before BOWNES, BREYER and SELYA, Circuit Judges. There are at least two major problems with this self-righteous approach. Additional information is necessary to give the opinion support and to clarify its meaning. In Boston Safe Deposit & Trust Co. Commissioner of Internal Revenue, 100 F. 2d 266 (1st Cir.

0 item(s) in cart/ total: $0. In Stover v. Stover, (1965) 137 Ind. Black's Law Dictionary 695 [6th ed. We examine these contentions. N. Trial excerpt, at 167-68. The term `wife' is merely descriptio personae.

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754, 761, 473 N. 2d 1084 (1985); Second Bank-State Street Trust Co. Pinion, 341 Mass. 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. " As well as her relatives) would have been stricken from the insurance. Co. v. Boling, 32085... 1916A, 771; Modern Woodmen of America v. Mizer, 69 783, 267 U. Boston Edison Co. FERC, 856 F. 2d 361, 365 (1st Cir. 562, 164 N. 2d 125; Elliott v. Metropolitan Life Insurance Co., (1946) 116 Ind. 3(9)(f) in that it "[f]ail[ed] to effectuate prompt... settlement[] of [a] claim[] in which liability ha[d] become reasonably clear. Reasoning: There are three exceptions to this rule, but Indiana has specifically rejected Margaret's argument that the rule should be for the exclusive protection of the insurer. 111 Bruce R. Runnels, Cline, King & Beck, Columbus, Dongus, Cregor & Messick, Indianapolis, for defendants-appellants. And finally, abuse of a conditionally privileged occasion. 100, 88 N. 446 (1909).

Rehearing Denied January 6, 1982.

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