The Uhlman policy was on the ten year tontine plan, with a provision for the equitable apportionment amongst all policies in force at the expiration of the ten-year period of all surplus and profits derived from lapsed policies of the same class. Mr. JUSTICE BRISTOW joins in the foregoing concurring and dissenting opinion. Tesauro v. Perrige, 437 620, 650 A. 1938), the decedent purchased life insurance policies payable to the plaintiff as trustee, without specifying the trust's beneficiaries. 320, 324, 168 N. 804 (1929); see also Montague v. Hayes, 76 Mass. Scottish equitable life assurance policy. In the case of Equitable Life v. Brown, 213 U.
April 12 Order at 1. However, the exhibit had only been prepared the day before, N. Trial excerpt, at 174, and was not available until trial. Sympathized with Margaret, but found that there was good public policy in. Although this Court has not yet considered whether a litigant's failure to immediately appeal an order dismissing a petition to compel arbitration constitutes waiver, our review of the relevant statutes and rules of procedure lead us to conclude it does not. 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. Almost one hundred years ago our supreme court in Holland v. Taylor, (1887) 111 Ind. He and his first wife, Merle, had four children before they were divorced on July 24, 1969. Facts: In 1953, Douglas purchased a whole life insurance policy from Equitable, naming his wife, Doris, as the beneficiary. Cook v. equitable life assurance society of the united. 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. 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. 594 and 596; Perkins v. Merchants & Farmers Bank, 60 So. The court found that the law firm deemed goodwill to be of no value based upon the express language of the White & Case partnership agreement as well as the partnership's course of dealing,. Cook v. Lauten, 117 N. E. 2d 860 (Ill. 1954). 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.
This issue is therefore waived. While it is often said that the tracts must be "contiguous, " it is generally recognized that physical touching or its lack is not conclusive. We continue to believe that "[t]he law ministers to the vigilant, not to those who sleep upon perceptible rights. " Pay 30% of the proceeds to my wife, Sandra Porter-Englehart. The equitable life assurance company. 507, 510, 73 N. 2d 840 (1947); Brogi v. Brogi, 211 Mass. Appellants filed a motion to compel arbitration pursuant to an arbitration clause contained in Cooke's contract. The marriage was bereft of issue, but under ch.
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. Kendrick Memorial Hospital v. Totten, (1980) Ind. Being my Bank Accounts at Irwin Union Bank & trust to their Welfair [sic] my Insurance policys [sic] with Common Welth of Ky. and Equitable Life. They take complete effect as of that time. Mendelsohn v. Equitable Life Assurance Soc'y, 33 N. S. 2d 733 (N. Div. RELEVANT EXCERPTS FROM LAST WILL AND TESTAMENT OF MANFRED. 84 comment b (1959). However, he never bothered. Since it is quite evident that property which can produce no income has but little value, more facts were needed to explain this apparent inconsistency.
¶ 25 Judgment of the trial court is affirmed. 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. "Bad faith" has never been a sine qua non of Chapter 93A suits. N. Trial excerpt, at 602-06 (emphasis added). Such an elaborate game of ring-around-the-rosy seems utterly pointless. 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. Englehart and Colleen A. Englehart. If the executors or administrators of the Insured be not expressly designated as beneficiary, any part of the proceeds of this policy with respect to which there is no designated beneficiary living at the death of the Insured and no assignee entitled thereto, will be payable in a single sum to the children of the Insured who survive the Insured, in equal shares, or should none survive, then to the Insured's executors or administrators.
Douglas and Doris divorced 12 years later, in 1965. Appellant Mackey was Cooke's immediate supervisor. 113] Appellant was further entitled to a directed verdict, because the claim set up in the second count of the decla...... Miss. First, this is not a case where an insurer held back (and enjoyed the use of) funds belonging to an insured. They hold only that federal courts should dismiss interpleader actions when federal adjudication would disrupt ongoing state proceedings--a concept with which we can readily agree. 25, this question was finally disposed of. Douglas stopped making.
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). Appellee testified that he began experiencing difficulty scheduling appointments with existing customers after publication of the Mackey letter. Given that the case slips neatly within the section 1335 integument, the district court, we believe, was wholly competent to hear and determine the question. The result should logically be the same. Other jurisdictions use a statutory approach when considering the inclusion of goodwill as an asset. Under this more expansive definition, goodwill becomes a saleable asset in certain circumstances. Nevertheless, there is ample case law in this jurisdiction to support the trial court's determination. Eleven years after his divorce Douglas attempted to change the beneficiary of his insurance policy by a holographic will, but did not notify Equitable. Such trusts are inter vivos rather than testamentary, because they pass present interests created by contract. Harkins v. Calumet Realty Co., 418 405, 614 A.
12 (1966) (Disciplinary Rule 2-107) (allowing payment of former partner pursuant to separation agreement); 22 N. Title 22, § 1200. The court noted that Manfred was already married to Sandra--and the Will thus dysfunctional--when he drafted the designations. Agency, 14 52, 59-61, 436 N. 2d 964 (1982). Costs allowed in favor of defendant-appellee Merle Joy Englehart to be taxed against appellant. "No intention to deceive need be shown, and indeed an act might be deceptive under Sec. Appellants argue that if, indeed, the will alone is not enough to effect the intended change, the added circumstance of divorce, "along with other supporting circumstances, " (Appellants' brief at 10) which they fail to set forth, should be sufficient to substantiate the fact that Douglas intended Margaret and Daniel to receive his insurance money. Appellant was an established agent with nearly three decades of experience selling insurance products and building a client base. The designation did not describe the supposed trust or its terms. 1986) at 504 (footnote omitted). Manfred was killed in a traffic accident.
The complaint alleged that the remaining insurance proceeds were subject to conflicting claims: Merle contended that a 70% share under each policy should be paid to her as trustee for the children, in pursuance of the beneficiary designations; Sandra argued that these sums should be paid into Manfred's estate (of which she was administratrix), to pass through intestacy, since remarriage had invalidated the 1973 Will and therefore, in her view, vitiated the beneficiary designations. In Massachusetts, "the existence of a trust does not depend upon the terminology used. " 9(3), which uses bad faith as a springboard, does not avail appellant. This theory, though superficially appealing, cannot withstand scrutiny. ¶ 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. In the White case, the owners' sole contention was that "both tracts (the one north and the one south of Tilden Street) were purchased with the intention of using the same together as one property and one plant for a polytechnic institute. "
The partnership does not have goodwill to distribute to the partner because the law firm will not benefit in the future from that partner's association with the firm. 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. 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. 2d 477, 479-80 (Pa. 1959). Then he got a divorce. The Court of Appeals adopted a broader definition of goodwill such that a professional partnership's goodwill extends beyond the mere skill and reputation of the partners. Second Counterclaim. There, the decedent (Kendrick) purchased a life insurance policy and made it payable to "Edward A. Taft, trustee. " G., Jackman v. Equitable Life Assur.
Was the admission by the trial judge of plaintiff's Exhibit 20 prejudicial error warranting a new trial; and. Relying upon provisions of the testamentary trust to flesh out the language of the policies' beneficiary designations, we concluded that the insurance proceeds should be held under the selfsame terms: [T]he decedent, by the provisions contained in the policies and the will, declared his intention that the proceeds of the policies should be held in trust for the benefit of his... children, and... the other facts in the case disclose the same intent and support this conclusion. JOHN C. MELANIPHY, Acting Corporation Counsel, of Chicago, (ROBERT J. NOLAN, of counsel, ) for appellee. It remains to be seen whether the court's definition of goodwill is sufficiently broad to encompass every permutation. We agree with her that attorneys' fees can be awarded to a prevailing plaintiff in a case like this notwithstanding the insurer's lack of willfulness.
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