Washington v. Pottinger

In an action (a) to recover the proceeds of two insurance policies on the life of one Aubrey Oliver, now deceased, and to recover the proceeds of the decedent’s share in a union pension fund, and (b) for a declaration that such proceeds constitute a trust for the benefit of the plaintiff, the individual defendants appeal from an order of the Supreme Court, Queens County, dated October 17, 1961, which denied their motion for summary judgment dismissing the second amended complaint (Rules Civ. Prac., rule 113). Order reversed, without costs; motion granted and complaint dismissed. It appears…