Estate of Burlingame v. Commonwealth

Dissenting Opinion by

Judge Doyle:

I respectfully dissent. The majority holds that the completion of the nomination beneficiary form together with certain parol evidence should be deemed legally sufficient for the Board to determine that an Option 1 designation should be honored. Although I have great sympathy for Cecelia and Jarvis and recognize the tragic circumstances of this case, I must reject the majority’s position. I do so for several reasons. First, I believe that the statute’s statement that an option designation form be in writing is clear. Second, while Mrs. Burlingame may have…