Legal Opinion

In re the Estate of Wainman

New York Supreme Court

Decided August 15, 1923PublishedCited by 13 opinions

Motion by committee to obtain possession of policy on life of incompetent.

1Opinion of the Court

Martin, Louis M., J.

This is a motion made by the Citizens Trust Company, of Utica, N. Y., as committee of the person and estate of Harry W. Wainman, an incompetent person, now confined in the Utica State Hospital, at Utica, N. Y., to compel his wife, Myra Wainman, to turn over to the committee policy No. 1384560, Northwestern Life Insurance Company for $10,000, the cash value of which is the sum of $448.90, on the ground that the committee is entitled to the cash value as part of the incompetent’s estate and has a right to use it for the payment of his debts and for his care and support, and…

2Cases cited4 opinions

  1. Whitehead v. . New York Life Ins. Co.New York Court of Appeals · 1886
  2. Viets v. . Union National Bank of TroyNew York Court of Appeals · 1886
  3. Bradshaw v. . Mutual Life Ins. Co.New York Court of Appeals · 1907
  4. In re the Final Accounting of Reed, New York County Courts1896

3Cited by13 opinions

  1. Howard v. ImesSupreme Court of Alabama · 1956
  2. In re the Estate of RasmussenNew York Surrogate's Court · 1933
  3. Hagen v. RekowSupreme Court of Minnesota · 1958
  4. In Re Guardianship of the Estate & Person of SchoberSupreme Court of Minnesota · 1975
  5. Schwartzberg v. Teachers' Retirement BoardAppellate Division of the Supreme Court of the State of New York · 1948

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