But decedent had established a trust for the benefit of his wife and children in his will and had named the same institution as custodian of that trust. Instead of making further disbursements, Equitable brought the instant interpleader action. In or about February 1974, FM extended group insurance coverage to Manfred under a pair of policies issued by the Equitable Life Assurance Society of the United States (Equitable): Group Life Policy No. We need not determine here whether any conditional privilege actually existed in this case because we find that, even if a conditional privilege did exist, it was abused by appellants. Notwithstanding the ineffectiveness of the Will as a testamentary vehicle, the trust alluded to in the beneficiary designations may stand. Tracts physically separated from one another frequently, but we cannot say always, are not and cannot be operated as a unit, and the greater the distance between them the less is the possibility of unitary operation, but separation still remains an evidentiary, not an operative fact, that is, a subsidiary fact bearing upon but not necessarily determinative of the ultimate fact upon the answer to which the question at issue hinges. Sandra's flagship contention is that legal revocation of the Will precluded its use in establishing the terms of the insurance trust. Because no one contended that material facts were in dispute anent entitlement, disposition of the merits under 56 appeared appropriate. Accord: Isgrigg v. Schooley, (1890) 125 Ind. Under the facts and circumstances of this case, we are of the opinion that the properties in question are not so interrelated as to warrant their consideration as a single unit., where a strip was condemned for highway purposes through a residential subdivision. 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 v. equitable life assurance society of the united states. Cook wife /s/ Chas. Incorporation by reference is an accepted device in the law of trusts and estates. See Van Dyke v. St. Paul Fire & Marine Ins.
This case was decided), divorce revokes by operation of law. This seems to call for a more liberal reading of the rule permitting severance damages where virtual contiguity is shown. In the April 12 Order, the district judge found Sandra entitled to these funds. The firm's financial statements reflected neither goodwill nor the pension plan.
See May 30 Order at 1. N. Partnership Law § 74 (McKinney 1996). Margaret filed a claim with Equitable for the proceeds of the policy, but Equitable gave the money to the circuit court. Thus, the ceiling on Sandra's claim was 30% of the face amount of the policy, or $20, 700. Such trusts are inter vivos rather than testamentary, because they pass present interests created by contract. The district court awarded Sandra the 30% share of the accidental death policy, finding that her right to that money was not in fact contested. Where there is a present, unified, business use, as in the instant case, courts generally have adopted a more liberal view. As to the testimony regarding appellee's pension benefits, we note that appellants failed to object at the conclusion of appellee's direct examination of Mr. Conlon that a foundation had never been laid for the earlier admission of appellee's loss of benefits. There are at least two major problems with this self-righteous approach. Goodwill is an asset unless the partnership agreement deems it of no value and the course of dealing of the partners confirms that status. 12 (1966) (Disciplinary Rule 2-107) (allowing payment of former partner pursuant to separation agreement); 22 N. Cook v. equitable life assurance society conference. Title 22, § 1200. The employee was given the right to name the beneficiaries.
1970); Equitable Life Assurance Soc'y v. Cooper, 328 1126, 1127 (W. ). ¶ 7 We agree with our sister appellate court that an order dismissing preliminary objections in the nature of a motion to compel arbitration is immediately appealable. Jackman, 145 F. 2d at 949. 562, 164 N. 2d 125; Elliott v. Metropolitan Life Insurance Co., (1946) 116 Ind. April 12 Order at 1. DiMarzo v. American Mut. 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. The Johnson case involved residence properties. The equitable life assurance company. To say here that the store property is used for retail merchandising while the parking property is not, strikes me as unrealistic. In Boston Safe Deposit & Trust Co. Commissioner of Internal Revenue, 100 F. 2d 266 (1st Cir. New England Structures, Inc. Loranger, 354 Mass. 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.
Immediately to the west and lying parallel with Halsted are, first, Green Street, and then Peoria Street, both of which run in a north and south direction. 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. A privilege may also be false [sic] if the publisher exceeds the scope of the privilege. This is a case of first impression in Illinois. SELYA, Circuit Judge.
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