E. N. THOMAS, Chancellor. Reversed and remanded. Next, special harm resulting to the plaintiff from its publication. Puleio v. Vose, 830 F. 2d 1197, 1203 (1st Cir. Indeed, in the usual case, at least one of the claims will be very tenuous.
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. Cook v. equitable life assurance society of the united states. Smith, Hotel Pelham. " We conclude, therefore, that the jury did find breach of contract. 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. 9 even absent any showing of negligence.
See also Swann chell, 435 So. Mark Mackey, Appellants. Holding: No, the beneficiaries must be changed in accordance with the terms of the policy if it is possible to do so. Sympathized with Margaret, but found that there was good public policy in. 612, 616, 91 N. 2d 826 (1950); see generally 5 M. Rhodes, supra, Sec. Here, the store and parking properties were acquired at different times, from different owners, and for different purposes. In 1976, Douglas made a holographic will in which he bequeathed his life insurance policy to Margaret and their son. See 5 M. Rhodes, Couch on Insurance 2d Sec. Cook v. equitable life assurance society for the prevention. Sandra Porter-Englehart, Defendant, Appellant. See also MacGillivary v. Dana Bartlett Ins. The mysterious Mrs. Smith, thought by some to be decedent's inamorata, had been told by Kendrick that she was the beneficiary of his life insurance and should see Taft about the matter if Kendrick died.
Co. v. McGinnis, 1913, 180 Ind. Appellant argues that, even if the terms of a will can be read into an inter vivos trust to give the latter necessary substance, such a rule is inapplicable in this case for a triad of reasons. Order of the Appellate Division modified, without costs, and, as so modified, affirmed. In insurance cases specifically, "recovery may be had for a deceptive act that is the result of a defendant's negligence. " A conditional privilege is abused if "the publication is actuated by malice or negligence. " ¶ 22 The next error appellants complain of involves an admission of evidence, contending that admission of plaintiff's Exhibit 20 was prejudicial and warrants a new trial. They challenge the trial court's refusal to compel arbitration or to grant a judgment N. Scottish equitable life assurance policy. O. V. We affirm. The determination that such a trust may be valid does not end the matter. 2 Bromberg and Ribstein, Partnership § 7. Decree reversed, and bill dismissed. 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 defendants admit that the store and parking properties are not physically connected, but argue that they are so interrelated as to warrant consideration under the above-mentioned rule. Nor does it give a cause of action of an equitable nature. All my machinecal [sic] tools to be left to my son if He is Interested in Working with them If not to be sold and money used for their welfair [sic] all my Gun Collection Kept as long as they, my Wife & Son [sic] and then sold and money used for their welfair [sic] I sighn [sic] this June 7 1976 at Barth Conty Hospital Room 1114 Bed 2 /s/ Douglas D. Cook /s/ 6-7-76 Margaret A. Cook wife /s/ Chas.
Court of Appeals of Indiana, First District. 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]. " Nor was this a case where an insurer, after making a partial payment, suddenly discovered a potentially conflicting claim. ¶ 4 Cooke responded by filing suit in 1992, alleging defamation, wrongful termination and breach of contract. Equitable Life Assurance Society of United States v. Weil, 15, 428.
Clearly it is in the interest of insurance companies to require and to follow certain specified procedures in the change of beneficiaries of its policies so that they may pay over benefits to persons properly entitled to them without subjection to claims by others of whose rights they had no notice or knowledge. 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. See also Herman v. Edington, 331 Mass. Finally, Mackey stated that he never spoke to any of Cooke's clients who had switched policies from Equitable to ascertain whether they had suffered adverse economic consequences before accusing Cooke of exposing Equitable clients to such consequences. Finally, society's interest in the conservation of judicial energy and expense will be served where the rule and its limited exceptions are clearly stated and rigorously applied.
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