Legal Opinion

In re the Accounting of Schrauth

Appellate Division of the Supreme Court of the State of New York

Decided May 19, 1969PublishedCited by 1 opinion

1Opinion of the CourtMartusoello, J.

The question presented is whether the Surrogate was correct in concluding that a certain life insurance *112policy issued by the appellant, The Equitable Life Assurance Society of the United States (hereinafter referred to as “Equitable ”), was in full force and effect at the time of the insured’s death.

The facts are not in dispute. In May, 1961, Equitable issued the policy in question, in the amount of $20,000', on the life of Bruce Wilcox Preston (hereinafter referred to as the “ insured ”). The insured’s estate was designated as the beneficiary. The insured and the petitioner Schrauth were…

2Cases cited9 opinions

  1. Klein v. Insurance Co.Supreme Court of the United States · 1881
  2. Whitehead v. . New York Life Ins. Co.New York Court of Appeals · 1886
  3. Stilwell v. . Mutual Life Insurance Co.New York Court of Appeals · 1878
  4. Dulberg v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1938
  5. Donald W. Maloney as Trustee in Bankruptcy of Eastern Footwear Corporation v. John Hancock Mutual Life Insurance CompanyCourt of Appeals for the Second Circuit · 1959

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3Cited by1 opinion

  1. Margulis v. William Penn Ass'nCivil Court of the City of New York · 1984

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