Dudley v. Fifth Avenue Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Fifth Avenue Trust pompany, as executor, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Yew York on the 4th day of April, 1906, upon the decision of the court, rendered after a trial at the Yew York Special Term, setting aside an assignment of a certain life insurance policy.
1Opinion of the Court
Scott, J.:
The plaintiff and one Augustus Palmer Dudley, now deceased, were married on September 14, 1891. In the following October the Equitable Life Assurance Society issued a policy of insurance upon the life of said Augustus Palmer Dudley for a sum payable at his death to plaintiff, if living, and if she were not living to the surviving children, if any, and if there were no children, to said Dudley’s personal representative or assigns.
On May 26, 1903, plaintiff and her said husband, being then sep*397arated and living apart from each other, entered into a written agreement of separation…
2Cases cited4 opinions
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Dannhauser v. . WallensteinNew York Court of Appeals · 1901
- Anderson v. . GoldsmidtNew York Court of Appeals · 1886
- McCord v. McCordAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by8 opinions
- In Re the Estate of WilsonNew York Court of Appeals · 1980
- Haile v. HaleSupreme Court of Oklahoma · 1913
- Miller v. West Palm Beach Atlantic National BankSupreme Court of Florida · 1940
- Ahrens v. AhrensSupreme Court of Oklahoma · 1917
- Coccaro v. CoccaroAppellate Division of the Supreme Court of the State of New York · 1954
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