Matson v. . Abbey
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court, in the third judicial department, entered upon, an order made July 8, 1893, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Circuit without a jury. This action was brought to recover $2,000, the amount of a policy of insurance upon the life of Austin Matson, Jr., with interest.
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Appeal from judgment of the G-eneral Term of the Supreme Court, in the third judicial department, entered upon, an order made July 8, 1893, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Circuit without a jury. This action was brought to recover $2,000, the amount of a policy of insurance upon the life of Austin Matson, Jr., with interest. The policy was procured by the father of the insured and was payable to Mm, his executors or assigns. He died December 1,1864, and by his will devised and bequeathed the whole of his estate to his executors…
1Opinion of the CourtFinch, J.
"We adopt the opinion of the General Term upon the main questions involved in this appeal, deeming it unnecessary to repeat the reasons very fully and correctly assigned. That court held that there was a valid gift of the right to the fund realized upon the life policy by force of the delivery of the assignment or deed of gift: that it. could not be revoked, but vested in the donees subject to the life interest of the widow: that the cause of action matured at her death, and so was not barred by the Statute of Limitations; and that the action, if not necessary, ivas at least proper and not…
2Cited by22 opinions
- Brown v. . SpohrNew York Court of Appeals · 1904
- In re the Judicial Settlement of the Account of Proceedings of CohnAppellate Division of the Supreme Court of the State of New York · 1919
- Chase Nat. Bank of New York v. SaylesCourt of Appeals for the First Circuit · 1926
- Petty v. Mutual Benefit Life InsuranceSupreme Court of Iowa · 1944
- In re the Estate of PastoreNew York Surrogate's Court · 1935
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