Katzman v. Ætna Life Insurance

While I agree that the purpose of the statute (Personal Property Law, § 31, subd. 9) is an excellent one, I think that the facts as claimed by plaintiff, which for the purposes of this motion for summary judgment we must accept as true, take this case out of the Statute of Frauds.

*448The facts alleged follow: Plaintiff is the widow of the deceased. Prior to his death, they had been married for some twenty-six years, during which time they lived happily together. The insurance policy was procured and issued on May 24, 1944, upon a mutual agreement and understanding between the widow and deceased…