McGowin v. . Menken
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 1, 1917, in favor of plaintiff upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy, and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 1, 1917, in favor of plaintiff upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy, and the facts, so far as material, are stated in the opinion. The burden rests upon any one other than Alice E. Tesson, the primary beneficiary, or her estate claiming the proceeds of these policies to prove that she was not alive at the time of the death of her husband. (E. L. Ins. Co. v. Clements, 140 U. S. 226;…
1Opinion of the CourtMcLaughlin, J.
Frank B. Tesson and his wife, Alice E., were lost at sea on the 7th of May, 1915, when the Lusitania was sunk. At the time of his death he held three policies of insurance upon his life, issued by the Equitable Life Assurance Society of the United States, each payable, upon his death, to his widow, if living; if not, then to his executors, administrators or assigns, with the right on his part to change the beneficiary if he so desired. The respective administrators of the estates of Mr. and Mrs. Tesson claimed the proceeds of these policies. The assurance society, desiring to be relieved from…
2Cases cited8 opinions
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- Newell v. . NicholsNew York Court of Appeals · 1878
- United States Casualty Co. v. KacerSupreme Court of Missouri · 1902
- Fuller v. LinzeeMassachusetts Supreme Judicial Court · 1883
- Dunn v. New Amsterdam Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- People v. EuloNew York Court of Appeals · 1984
- In re the Estate of ShupackNew York Surrogate's Court · 1936
- In re the Estate of DeyoNew York Surrogate's Court · 1943
- State Land Board v. LongOregon Supreme Court · 1950
- Colovos' Adm'r v. GouvasCourt of Appeals of Kentucky (pre-1976) · 1937
23 more not listed; retrieve them via the Exa API.