Drugs Found In Impounded Car

Drugs Found In Impounded Car

Cook V. Equitable Life Assurance Society: Since The Red Moon Appeared Chapter 7

Under such circumstances, incorporation by reference was impossible; there was no ascertainable document to which the policyholder, when authoring the assignment, could have been alluding. He and his first wife, Merle, had four children before they were divorced on July 24, 1969. 1974); Koehring Co. Hyde Construction Co., 424 F. 2d 1200, 1205 (7th Cir. Whereas the condemned parcel was formerly used by Wieboldt for free customer parking, it will now be used by the city as a paid parking area. Co., 9 Daly, 489; affd. Cook v. equitable life assurance society of the united states. 2 Sandra concedes that she and Merle (an Oregonian) are of diverse citizenship and that their claims apparently conflict.

Cook V. Equitable Life Assurance Society For The Prevention

It should have tendered the 30% share of the accidental death benefit at about the same time. The same relaxed standard holds true for the creation of trusts by contract, including policies of insurance. 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. Life insurance policies may create valid trusts. 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. Cook v. equitable life assurance society of the united. The properties in question are located in the city of Chicago near the intersection of Sixty-third and Halsted streets, the so-called hub of the Englewood shopping area. Mackey received a copy of the draft from a new business manager who had found it in the supply room. In Frost, the SJC ruled that the assignment of a life insurance policy to "the trustees to be named in my will" was invalid as testamentary. In relevant part, the statute provides: The marriage of a person shall act as a revocation of a will made by him previous to such marriage, unless it appears from the will that it was made in contemplation thereof. The trial court entered summary judgment in favor of the first wife.

But this record presents no such case. 754, 761, 473 N. 2d 1084 (1985); Second Bank-State Street Trust Co. Pinion, 341 Mass. The parties, agreeing on little else, acknowledge that the substantive law of Massachusetts controls. We do not believe the trial court abused its discretion by accepting appellee's reason for late submission under the "for good cause" exception to the pre-trial order. To this day, Equitable has never been able to identify such a claim. ARTICLE II: I give, devise and bequeath all the property of which I die possessed, both real and personal, to my former wife, Merle Joy Englehart, IN TRUST, however, for the support, care and education of the children born of our marriage and known to me at the making of this Will as John Owen, Colleen Ann, William Lawrence and Andrew David. Cook v. equitable life assurance society for the prevention. "The interpretation of a contract is a question of law. And (2) "Have there been any sales of areas of a size equal to this in recent years in this neighborhood? " 1983) (goodwill of a partnership should be recognized as an asset in determining a partner's share upon dissolution); Harstad v. 1960) (finding there was no goodwill to distribute where each partner was continuing his own business after division of assets, ). Douglas and Doris divorced 12 years later, in 1965. One reason for this is expressed as follows at page 1226-7 of the annotation: "There is an outstanding difference between the properties heretofore considered and such properties as may be roughly termed business and industrial units. Manfred's beneficiary designation must be read to incorporate the pertinent provisions of the Will, thereby limning the terms of the trust. At 628, 382 N. 2d 1065. 15-a (1996) (Disciplinary Rule 2-111) (allowing sale of law partnership and accompanying goodwill).

Ronald Chinnock, a defense witness, stated that in his opinion the value of the parking lot property was $206, 160. The tale which confronts us, and our resolution of it, follows. The court in Holland v. 121, 126, 12 N. 116, pointed out that "[f]or many, and, indeed, for most purposes, mutual benefit associations are insurance companies, and the certificates issued by them are policies of life insurance, governed by the rules of law applicable to such policies. " On December 24, 1965, Douglas married Margaret, and a son, Daniel, was born to them. A son was born of his second marriage. 562, 164 N. 2d 125; Elliott v. Metropolitan Life Insurance Co., (1946) 116 Ind. Doris agrees that less than strict compliance with policy change requirements may be adequate to change a beneficiary where circumstances show the insured has done everything within his power to effect the change. Mark Mackey, Appellants. A claim with Equitable for the money from the policy. More to the point, the undisputed facts show that Equitable did not live up to its name.

Cook V. Equitable Life Assurance Society Of The United States

The rationale of the court, stated at page 395, is convincing: "Integrated use, not physical contiguity, therefore, is the test. Was there evidence, sufficient to support a judgment, that the recipients of the Mackey letter found it defamatory, and/or that plaintiff sustained general damages as a result of the Mackey letter; 4. At 102-03, 88 N. 446. Cooke also demonstrated a diminishment in earnings following publication of the Mackey letter. The matter, however, does not end on this note. If this is not done, the jury has no basis, whatsoever, upon which to evaluate such testimony. We find that the record demonstrates that sufficient evidence was presented such that the jury could reasonably infer liability. Physical contiguity is important, however, in that it frequently has great bearing on the question of unity of use. Law School Case Brief. It is for you to determine whether the defendant abused this privilege, and if you find he did, you may return a verdict in favor of Mr. Cooke and against Mr. Mackey and The Equitable. Accord: Isgrigg v. Schooley, (1890) 125 Ind. The court's construction of the designations, therefore, not only comports with plain language but also effectuates the settlor's discoverable intent.

Douglas Cook named the appellant, Doris Cook, the beneficiary of his life insurance policy. Sawyer v. Cook, 188 Mass. This, then, can fairly be treated as the date of breach for purposes of section 6C. The Trial Court found that the. Cases Cited by the Court. She adverts to the last sentence of the designations, which states in relevant part: "If there is no last Will and Testament... pay any unclaimed portion to my estate. " But whether one exists or not is to be ascertained from the intention of the parties. " DISCUSSION AND DECISION. The precedents cited by appellant do not speak for a contrary proposition. 2d 531, 534 (Pa. 1997). Fabiano, 39 386, 387-88 (); Strachan v. Prudential Ins. 16, 104 N. 795: "Our courts have indicated that the rule in this State is, that without some other fact or facts, in aid of the change the insured cannot change the beneficiary by the execution of a will. 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. "

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. To write to Equitable and change the beneficiary. The defendants' contention that they were unduly restricted in presenting proof of the condemned parcel's value is, we believe, meritorious. In Holland, the assured and testator, Charles D. Taylor, had been issued a benefit certificate by Royal Arcanum, a mutual benefit society, in which certificate Taylor's daughter, Anna Laura, was the named beneficiary. Gibbs v. Herman, 714 A. 94, 25 N. 151; Hoess v. Continental Assurance Co., (1960) 130 Ind. Equitable paid over the 30% share of the group life proceeds on August 15, 1980. In a crowded metropolitan area, this may be not only "convenient and beneficial" but vital. On the same day that Taylor applied for the certificate he made his will in which he acknowledged the certificate for his daughter's benefit, but also provided that the certificate benefits, under certain circumstances, were to inure to the benefit of his wife or estate rather than as provided in the certificate for the exclusive benefit of his daughter.

Cook V. Equitable Life Assurance Society Of The United

56; Greef v. Equitable Life, 160 N. 19. That being so, the alternate basis for enhancement of damages under Sec. E. N. THOMAS, Chancellor. As the Third Circuit observed in Jackman, "Manifestly, the will [is] not intended to operate testamentarily in such regard. " Partnerships may overcome this presumption by express or implied agreement. The beneficiary has a right in the insurance contract, which can only be defeated in accordance with the terms of the contract. First, this is not a case where an insurer held back (and enjoyed the use of) funds belonging to an insured. The threat of possible multiple litigation--not necessarily the likelihood of duplicative liability--justifies resort to interpleader. 9 even absent any showing of negligence. ¶ 13 Appellants next advance several arguments contending that the evidence was insufficient to find liability and that the trial court should have thus granted judgment n. o. on this basis. 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 the Commonwealth, it has been settled since the presidency of James Monroe that "letters or other papers, however informal, are sufficient to constitute [a] declaration [of trust]. " " Tyler v. Treasurer and Receiver General, 226 Mass. Accord In re Pilot Radio & Tube Corp., 72 F. 2d 316, 319 (1st Cir.

Synopsis of Rule of Law. Margaret and Daniel recognize that matters relating to summary judgment are controlled by of Procedure, Trial Rule 56. These are unexacting standards--and Merle's offering clears the jurisdictional bar with room to spare. B. Sandra's second argument strikes us as bizarre. After the divorce Douglas ceased paying the premiums on his life insurance policy, and Equitable notified him on July 2, 1965, that because the premium due on March 9, 1965, had not been paid, his whole life policy was automatically converted to a paid-up term policy with an expiration date of June 12, 1986.

Providing for recovery of "up to three but not less than two times [the] amount [of actual damages]" if the respondent has committed a "willful or knowing violation" of Chapter 93A, Sec. In interpreting the designations, the district court was bound to "consider[] the facts and circumstances known to the decedent at the time [he] executed [his] indenture of trust. " See, e. g., Home Indemnity Co. v. Moore, 499 F. 2d 1202, 1205 (8th Cir. Decided Feb. 8, 1989. If the partnership does not treat the unfunded pension plan as a liability in its financial statements, the partners cannot later claim it as such. But it is said, the two tracts of land were purchased to be used for one purpose, as one tract of land. In re Brown, 242 N. 1 (N. 1926).

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Since The Red Moon Appeared Chapter 7.3

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Since The Red Moon Appeared Ch 1

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Has The Moon Turned Red Before

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