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U.S. Life Insurance Company v. Newton

Appellate Division of the Supreme Court of New York, First Department
Feb 4, 1997
236 A.D.2d 205 (N.Y. App. Div. 1997)

Opinion

February 4, 1997.

Order, Supreme Court, New York County (Elliott Wilk, J.), entered April 22, 1996, which, in an interpleader action involving the proceeds of an annuity policy, denied defendant-appellant's motion for summary judgment, unanimously affirmed, without costs.

Before: Murphy, P.J., Wallach, Nardelli and Williams, JJ.


The parties' conflicting affidavits and documentary evidence raise issues of fact as to whether the decedent's purported execution of the change of beneficiary form was fraudulently obtained, and, if not, whether the decedent was competent at the time of such execution. Particularly problematic are the affidavits of the two individuals whose names appear as witnesses on the change of beneficiary form, which affidavits, while attesting to the genuineness of the affiants' signatures, nowhere indicate that the affiants actually saw the decedent sign the form.


Summaries of

U.S. Life Insurance Company v. Newton

Appellate Division of the Supreme Court of New York, First Department
Feb 4, 1997
236 A.D.2d 205 (N.Y. App. Div. 1997)
Case details for

U.S. Life Insurance Company v. Newton

Case Details

Full title:UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK, Respondent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 4, 1997

Citations

236 A.D.2d 205 (N.Y. App. Div. 1997)
653 N.Y.S.2d 850