Legal Opinion

Prudential Insurance of America v. Hernandez

New York Supreme Court

Decided July 17, 1970PublishedCited by 6 opinions

1Opinion of the CourtDarwin W. Telesford, J.

In this action concerning the proceeds of a life insurance policy, each of the parties moves for various relief upon undisputed facts.

Plaintiff insurer seeks to withdraw as a stakeholder of the proceeds of an insurance policy upon the life of Miguel Angel Hernandez-Diaz. The decedent was the father of two illegitimate children, who are defendants herein. During his lifetime he acknowledged his paternity by two separate undisputed instruments given in 1967 and 1969, respectively, in support of the birth registration of the children. The 1969 acknowledgment was made in Thailand where Hernandez…

2Cases cited2 opinions

  1. In re the Estate of OrtizNew York Surrogate's Court · 1969
  2. In re the Estate of ConsolazioNew York Surrogate's Court · 1967

3Cited by6 opinions

  1. Holden v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1972
  2. Pierce v. YerkovichNew York City Family Court · 1974
  3. In re the Estate of WilkinsNew York Surrogate's Court · 1999
  4. Cantrell v. Prudential Insurance Co. of AmericaSupreme Court of Arkansas · 1972
  5. In re the Estate of NilesNew York Surrogate's Court · 1975

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