Walzer v. Walzer

The questions certified require us to decide whether or not the complaint should have been dismissed on motion for summary judgment. The action is brought against the estate of an insured by the beneficiaries of three life insurance policies, who seek to be reimbursed on account of an indebtedness owing by the decedent to a bank which collected from the proceeds of his life insurance instead of from his estate. Special Term held that the beneficiaries under these policies must bear the burden of paying this indebtedness. Upon the other hand, these insurance beneficiaries contend that the…