Legal Opinion
Colgate v. Guaranty Trust Co.
New York Supreme Court
Decided June 5, 1936PublishedCited by 1 opinion
1Opinion of the CourtCollins, J.
This motion by the defendants, challenging the legal sufficiency of the complaint, poses the significant question concerning the validity of a life insurance trust as tested by section 34 of the Personal Property Law and section 55-a of the Insurance Law. The action is by a creditor of the insured against the trustee under the trust, and the widow individually and as executrix.
In 1927 Wallace E. McCaw insured his life for $190,000 for the benefit of his wife, the defendant Hazelhurst Plant McCaw. On March 29, 1929, McCaw executed an irrevocable deed of trust for the benefit of his wife and…
2Cases cited11 opinions
- Chase National Bank v. United StatesSupreme Court of the United States · 1929
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Sands v. CodwiseCourt for the Trial of Impeachments and Correction of Errors · 1808
- Chatham Phenix National Bank v. CrosneyNew York Court of Appeals · 1929
- Schoenholz v. . New York Life Ins. Co.New York Court of Appeals · 1922
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3Cited by1 opinion
- Fordyce v. FordyceNew York Supreme Court · 1974