Phipard v. Phipard
New York Supreme Court
Appeal from special term, New York County. Action by Harvey F. Phipard and others, infants, by their guardian ad litem, Theodore B. Studley, against Mary L. Phipard, individually, and as executrix of William T. Phipard, deceased, to recover the amount of a policy of insurance on the life of said decedent, which had been paid to said executrix. Judgment for defendant, and plaintiffs appeal.
1Opinion of the CourtDaniels, J.
The plaintiffs’ cause of action was the sum of $10,000, received by the defendant as executrix of the estate of William T. Phipard, de*729ceased, upon a policy of life insurance. This policy was issued to the testator by the Equitable Life Assurance Society of the United States, on or about the 24th of February, 1883. The sum of money mentioned in it was payable to the. testator, his executors, administrators, or assigns, within 60 days after proof of his death should be furnished to the company. It was what was called a “tontine life policy,” and the sum of $10,000, agreed by it to be paid upon…
2Cases cited10 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- Young v. . YoungNew York Court of Appeals · 1880
- Mabie v. . BaileyNew York Court of Appeals · 1884
- Barry v. . LambertNew York Court of Appeals · 1885
- In Re the Judicial Settlement of the Account of CrawfordNew York Court of Appeals · 1889
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3Cited by10 opinions
- Brooks v. MitchellCourt of Appeals of Maryland · 1932
- Foster v. ReissSupreme Court of New Jersey · 1955
- Newsome v. AllenWashington Supreme Court · 1915
- In re the Appraisal of the Estate of ParsonsAppellate Division of the Supreme Court of the State of New York · 1907
- Hamilton v. CaplanCourt of Special Appeals of Maryland · 1987
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