Code 27-1-12-14 by permitting changes of beneficiaries in insurance policies upon written notice to the insurance company when accompanied by the policy. Payments on the insurance policy. The policy proceeds are to be paid to the beneficiary designated therein. The record does not indicate that any meaningful amount of legal work was independently required because of the presence of the 30% accidental death benefit share in the case. In 1986 he began having reservations about the financial health of The Equitable. Appellants filed a motion to compel arbitration pursuant to an arbitration clause contained in Cooke's contract. 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. The equitable life assurance society of us. Was concerned, the contract on file with Equitable clearly indicated that. Notwithstanding this favorable ruling, she continues to challenge the court's jurisdiction to adjudicate ownership.
¶ 3 In anticipation of severing his relationship with The Equitable, Cooke drafted a letter to his clients in which he expressed his concerns and announced a change in his primary insurer affiliation. Under this more expansive definition, goodwill becomes a saleable asset in certain circumstances. But whether one exists or not is to be ascertained from the intention of the parties. " Each policy contained a promise to pay $69, 000 in the event of a "covered" death. As appellants phrase it, Other than non-payment of the renewal commissions, and termination of employment, there was no other evidence of any breach of contract by defendant. The standard is an objective one. Borgman v. Borgman, supra, 420 N. 2d at 1265. After all, the Will had been executed more than a year prior to the crafting of the beneficiary designations and "was in existence at the time of the [policy's] execution, " Newton, 130 Mass. 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․. There is neither sufficient allegation nor sufficient proof to show so far as the record goes that a...... Tyson v. Kelly, 379 Ill. 297; Stetson v. Cook v. equitable life assurance society for the prevention of cruelty. Chicago and Evanston Railroad Co. ; Kossler v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co. 208 Pa. 50, ; Peck v. Superior Short Line Line Railway Co., ;. )
In Spayd v. Turner, Granzow & Hollenkamp, the Supreme Court of Ohio held that "the provision for goodwill as an asset of a partnership which is to be distributed upon dissolution of the business is a matter of contract between the partners and must be specifically set forth in the partnership agreement. " 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. ¶ 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. Like the second, the first counterclaim derived its impetus from the Massachusetts consumer protection statute, ch. Affirmed in part; reversed in part; remanded. The determination that such a trust may be valid does not end the matter.
The court noted that Manfred was already married to Sandra--and the Will thus dysfunctional--when he drafted the designations. 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,. 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. See 5 M. Rhodes, Couch on Insurance 2d Sec. 421, was decided in June, 1888, about four years before this contract was made. Commonwealth v. Weber, 549 Pa. 430, 701 A. ¶ 2 This case grows out of events surrounding the termination of appellee Curtis Cooke as an insurance agent for appellant Equitable Life. The divorce agreement made. There is no indication that Douglas took any action in the fourteen years between his divorce from Doris and his death, other than the making of the will, to change the beneficiary of his life insurance policy from Doris to Margaret and Daniel.
That missive, addressed to Taft, instructed the latter to "pay over in case of my death any money collected by you as trustee on any policies of insurance on my life to Mrs. Thomas J. Smith, Hotel Pelham. " 163, 165, 74 N. 356 (1905). As the Third Circuit observed in Jackman, "Manifestly, the will [is] not intended to operate testamentarily in such regard. " Subscribers are able to see any amendments made to the case. G., Underwriters at Lloyd's v. Nichols, 363 F. 2d 357, 365 (8th Cir. While she received some interest when the principal sum was belatedly paid, the record is tenebrous as to whether she received what was rightfully due to her. Having rejected each and all of appellant's arguments, we bring this segment of our rescript to a close. Decree reversed, and bill dismissed. The Trial Court found that the. In this case, the evidence would not sustain such a finding. Did Mackey or Equitable abuse the conditional privilege that pertained to the Mackey letter; 5. This is well illustrated by the fact that although some of the petitioner's witnesses testified that the highest use of the condemned parcel was for free parking purposes, they nevertheless said it was worth from $94, 000 to $99, 000. At 186, 146 N. 277; and, like the sealed letter to the unknowing Taft, it provided ample evidence of the trust terms, Kendrick, 173 Mass.
But when part of an industrial property is taken, the result is likely to. The partnership agreement deemed goodwill to be of no value. Co. v. McGinnis, 1913, 180 Ind. Law School Case Brief. 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. This is where the person exhibits an absence of ordinary care and diligence in ascertaining the true facts. Illustrative is Baetjer v. United States,, where the land not taken was separated by 17 nautical miles of water. He executed no new will. The facts before the district court parallel those cases in which a preexisting trust was incorporated by reference into a will. The Will furnished evidence of the terms of Manfred's desired life insurance trust. Douglas wrote a holographic. Christopher M. Dube, '98.
Ordinarily the remedy for non-compliance with the Pa. 1925(a) is a remand to the trial court with directions that an opinion be prepared and returned to the appellate court. State of the Law Before DawsonGenerally, goodwill is a distributable asset of a partnership. After Taylor's death, Holland was appointed guardian of Anna Laura and brought an action requesting that the executors of Taylor's estate pay over to him the fund which they had collected from the Royal Arcanum. We do not find it alarming that a jury may assess the losses associated with the breach of contract and damages to appellant's reputation to be worth $650, 000. When this reasonable rule is applied to the facts here, there remains no doubt but that the court erred in refusing the respondents permission to introduce evidence in support of the cross petition. Accord In re Pilot Radio & Tube Corp., 72 F. 2d 316, 319 (1st Cir. We continue to believe that "[t]he law ministers to the vigilant, not to those who sleep upon perceptible rights. " He could not accomplish that end, nor affect the ultimate rights of the beneficiary by a will. The deceased insured himself is entitled to rely upon such provisions that he may at all times know to whom the proceeds of the insurance shall be payable. It is hornbook law that a life insurance policy "is not a will but a contract entered into between the insured on one side, and the insurance company.... " Davis v. New York Life Ins. In 1976, Douglas made a holographic will in which he bequeathed his life insurance policy to Margaret and their son.
Policy and the now beneficiary-less policy would have reverted to Douglas'. The paterfamilias, Manfred Owen Englehart, Jr., was a mathematician employed by Factory Mutual Engineering Corporation (FM). This view is supported, not only by reason that other national chain stores are operating in the same vicinity without benefit of such parking facilities, but also by the fact that throughout their offer of proof and briefs, the defendants were not so much interested in the loss of the parking facilities themselves as they were concerned about the elimination of future expansion possibilities. After his divorce, he married his second wife and had a son with her.
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. 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. In her view, the beneficiary designations were testamentary, ergo void, because they relied upon the provisions of a Will which, in contemplation of law, had been revoked. Puleio v. Vose, 830 F. 2d 1197, 1203 (1st Cir. Equitable's perfervid protests notwithstanding, 6 we think that the district judge misapprehended the applicable law. For example, even though Clem Mulholland testified that his opinion of value was influenced by location and sales of similar property in the general area, the trial court refused to allow the following cross-examination questions: (1) "In arriving at your opinion as to the value of this property, did you consider the proximity of this lot to a large retail store? "
ISSUE & DISPOSITION1. That language, appellant urges, should be read as though an adjective--say, "valid" or "probate-eligible"--modified "Last Will and Testament. " Nevertheless, Doris asserts that Indiana adheres to the majority rule finding an attempt to change the beneficiary of a life insurance policy by will, without more, to be ineffectual. The interpleader statute provides in pertinent part: (a) The district courts shall have original jurisdiction of any civil action of interpleader... filed by any... corporation, association, or society... having issued a... policy of insurance, or other instrument of value or amount of $500 or more... if. But Frost is distinguishable in a crucial respect: no will existed at the time the designation was made, the purported assignees being trustees "to be named" in some future will.
Note: UPC § 2-804 would fix this issue, but it is not commonly adopted. Put another way: "No particular form of words is required to create a trust. 320, 324, 168 N. 804 (1929); see also Montague v. Hayes, 76 Mass. 2d 531, 534 (Pa. 1997). The record reflects (1) an absence of adverse claims to the 30% share, and (2) no cognizable basis for considering a surcharge against it. Equitable Life Assurance Society of United States v. Weil, 15, 428. Douglas was divorced in March of 1965 and remarried in December 1965. Moreover, in light of our conclusion that the 70% shares rightfully belong to Merle as trustee, see supra Part IV, the premise upon which the second counterclaim rests is obviously unsupportable.
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