Opinion · Nylaw New York

CHURCH LIFE INSURANCE CORPORATION v. SWANN, 283 App. Div. 1051 (1954)

CHURCH LIFE Ins. Corp., Plaintiff, v. JOHN B. SWANN, Respondent,and A. WILLARD IVERS, as Adm’r, Adm’x of the Est. of FREDERICK K. IVERS,Deceased, Appellant., 283 A.D. 1051 (Appellate Division of the Supreme Court of New York, First Department. 1954)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1954-06-21
Topic: general

CHURCH LIFE INSURANCE CORPORATION v. SWANN, 283 App. Div. 1051 (1954) CHURCH LIFE INSURANCE CORPORATION, Plaintiff, v. JOHN B. SWANN, Respondent,and A.

Citator

UpLaw has not yet analyzed CHURCH LIFE INSURANCE CORPORATION v. SWANN, 283 App. Div. 1051 (1954). The absence of a flag is not a finding that it is good law.

CHURCH LIFE INSURANCE CORPORATION v. SWANN,283 App. Div. 1051(1954)

CHURCH LIFE INSURANCE CORPORATION, Plaintiff, v. JOHN B. SWANN, Respondent,

and A. WILLARD IVERS, as Administrator of the Estate of FREDERICK K. IVERS,

Deceased, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

June 21, 1954.

Putting aside the evidence introduced through defendant Swann as to transactions between himself and his codefendant with the decedent, there remains ample evidence, including unassailable communications between plaintiff insurance company and decedent, from which we are satisfied that decedent at all times intended to designate defendant Swann as his beneficiary. We are also satisfied, that taking into consideration decedent's habits and temperament, he did all that he could reasonably be expected to do under the circumstances in order to carry out that intention. Judgment unanimously affirmed, with costs.

Present — Cohn, J.P., Callahan, Breitel, Bastow and Botein, JJ.