In re the Estate of Thoms

Foley, S.

In this discovery proceeding the administratrix seeks to compel the respondent the Metropolitan Life Insurance Company to deliver to her a policy of insurance, or its proceeds, issued by it upon the life of the decedent. Upon the return of the discovery order a representative of the insurance company appeared, was sworn and testified. From his testimony it appears that the policy was an industrial insurance policy and contained the usual “ facility of payment ” clause, and that on or about January 15, 1937, payment was made by the company to one Caroline Davidson upon the surrender…