Cook V. Equitable Life Assurance Society For The Prevention Of Cruelty

Mr. CHIEF JUSTICE HERSHEY, concurring in part and dissenting in part: I concur in a reversal based on undue restriction of proof of value, but I also believe the trial court erred in refusing evidence in support of the cross petition. 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. ¶ 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. ARTICLE III: I hereby declare the above named Trustee shall have absolute control of my entire estate and shall have the power to use, or dispose of any or all of my estate for the use of my children as said Trustee may deem necessary for the duration of the Trust. When he divorced, he executed a will leaving his insurance policy benefits to his new wife. App., 408 N. 2d 130; Moll v. The equitable life assurance company. South Central Solar Systems, Inc., (1981) Ind. Borgman v. Borgman, supra, 420 N. 2d at 1265.

The Equitable Life Assurance Company

Soc., 145 F. 2d 945, 949 (3d Cir. The store property faces north on Sixty-third Street between Peoria and Green and extends 250 feet back along the east side of Peoria Street to a public alley. 2d 1038, 1045-46 (), appeal denied 555 Pa. 722, 724 A. In 1986 he began having reservations about the financial health of The Equitable.

In contrast, Manfred explicitly referred to, and described, a preexisting, unique, and easily identifiable paper. See also Swann chell, 435 So. 2 Bromberg and Ribstein, Partnership § 7. The equitable life assurance society of us. Accord: Isgrigg v. Schooley, (1890) 125 Ind. If this is not done, the jury has no basis, whatsoever, upon which to evaluate such testimony. The parties, agreeing on little else, acknowledge that the substantive law of Massachusetts controls. 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.

The Equitable Life Assurance Society Of Us

We examine these contentions. But it is said, the two tracts of land were purchased to be used for one purpose, as one tract of land. 305, 53 N. 823 (1899). United States Court of Appeals, First Circuit.

In other words, if the defamatory material is communicated to persons who do not share a common interest in the communication. She waited for an inexplicably long time before finally deigning to ask the court for a disposition as to this sum. Appellant also claims an entitlement to counsel fees. 578, 204 N. 2d 374, 380, on rehearing 205 N. 2d 178, trans. Since Manfred "surely would not have created a void designation ab initio, " id. Cook v. equitable life assurance society for the prevention of cruelty. ¶ 15 Appellants, though, conflate appellee's burden of showing the defamatory character of the communication with the burden to show damages, and suggest there is no evidence to show appellee was damaged by the letter.

Scottish Equitable Life Assurance Policy

0 item(s) in cart/ total: $0. 2d 324, 329 () (quoting Beckman v. Dunn, 276 527, 419 A. The record discloses that the petitioner's expert witnesses testified that the property's highest and best use was for a free parking lot and that in arriving at this conclusion, and also that of value, they considered such factors as location, sales of similar properties, and parking needs in this locality. Sandra did not receive the principal until some 56 months later (approximately April 12, 1985). Parties||EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES v. RUDOLPH WEIL|. Appellant does not accept this characterization, adverting to three ways in which the failure promptly to pay over the 30% share harmed her. We note that the trial judge who entered the order dismissing appellants' motion to compel arbitration, The Honorable Berel Caesar, is deceased.

Equitable told the district court that it withheld the 30% solely to "assure[] the availability of a fund from which the court can award costs and attorney's fees to the stakeholder and other parties, " and to "provide[] the Court with maximum flexibility in resolving the underlying claims. " There was no present unified use of the tracts. Sandra was also entitled to interest at the rate of 12% on the wrongfully-withheld funds for the period of detention. Indeed, in the usual case, at least one of the claims will be very tenuous.

Cook V. Equitable Life Assurance Society For The Prevention Of Cruelty

Sandra's flagship contention is that legal revocation of the Will precluded its use in establishing the terms of the insurance trust. While the majority strongly rely upon two early railroad condemnation cases, White v. (1894), and Metropolitan West Side Elevated Railroad Co. Johnson, (1896), both may be distinguished. We continue to believe that "[t]he law ministers to the vigilant, not to those who sleep upon perceptible rights. " 9(3), which uses bad faith as a springboard, does not avail appellant. Though an infraction occurred, there is not sufficient evidence that it was "willful or knowing. "

At 93; it was "sufficiently identified" in the text of the designations, Bemis, 251 Mass. 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. " They are in no wise modified or increased at the time of the death of the insured. 457, 471, 53 N. 2d 113 (1944) (so long as interest passes from owner presently, while owner remains alive, transfer is not testamentary). 310, 312, 98 N. E. 1043 (1912). 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. SUMMARY] | [ISSUE & DISPOSITION] | [AUTHORITIES CITED] | [COMMENTARY]. From a decree overruling a demurrer to the bill, defendants appeal. The Court of Appeals alluded to the possibility that ethical concerns might bar the inclusion of goodwill among a partnership's assets in certain circumstances. The partnership's course of dealing also determined treatment of an unfunded pension plan upon a dissolution accounting. Trial Rule 56(C) states, in pertinent part: "The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits and testimony, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. " Again, the record contains sufficient evidence by which a jury may reasonably conclude that Mackey sent his response letter to all of Cooke's Equitable clients without first ascertaining whether Cooke had sent his draft to all or any of his clients. ¶ 6 Appellants first complain that the trial court erred by denying their Petition for Order Staying Claims and Compelling Arbitration. Co., 50 N. 610; People v. Security Life Ins.

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