McNamara v. Knights of Columbus
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Daniel L. McNamara, from an order of the Supreme Court, made at the Oneida Special Term and entered in the office of the clerk of the county of Oneida on the 3d day of July, 1923, directing that Paul J. McNamara, as executor of .the last will and testament of Daniel McNamara, deceased, and as testamentary trustee for Daniel L. McNamara, an infant, under said will, be interpleaded herein and substituted as sole party defendant.
1Per curiam
Plaintiff sues as the beneficiary named in a policy of life insurance to recover the amount thereof. On defendant’s motion an order of interpleader was made substituting as sole defendant Paul J. McNamara, “ as executor of the last will and testament of Daniel McNamara, deceased, and as testamentary trustee for Daniel L. McNamara, an infant under the will of Daniel McNamara, deceased.’’
Just how Paul J. McNamara can be testamentary trustee under the will in question is not clear. (See Surrogate’s Court Act, § 314, subd. 6.) There is no trust created by the will nor is Paul J. McNamara named as…
2Cases cited2 opinions
- Pouch v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1912
- Hanna v. Manufacturers' Trust Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by7 opinions
- Central Montana Stockyards v. FraserMontana Supreme Court · 1957
- Black v. GrayNorth Dakota Supreme Court · 1946
- In re the Transfer Tax upon the Estate of SabinNew York Surrogate's Court · 1928
- Community Volunteer Fire Co. v. City National BankNew York Supreme Court · 1939
- Equitable Life Assur. Soc. v. ArnoldDistrict Court, D. Massachusetts · 1939
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