In Re Estate of McGee
Appellate Court of Illinois
1Opinion of the CourtJustice Mills
“A man’s dying is more the survivor’s affair than his own.”
—Thomas Mann “The Magic Mountain”
A benchmark question in Illinois.
Can the doctrine of equitable conversion apply to insurance proceeds?
Yes.
The sequence of events: Nathaniel McGee and Linda McGee were married and moved into Nathaniel’s house in Roodhouse, Illinois. Later, he executed a deed to Linda and himself placing the house in joint tenancy with the right of survivorship. In the spring of 1976, he purchased a comprehensive liability insurance policy (in his own name) which insured the house and its contents. Linda had told…
2Cases cited12 opinions
- Trapp v. GordonIllinois Supreme Court · 1937
- Suwalski v. SuwalskiIllinois Supreme Court · 1968
- Russell v. WilliamsCalifornia Supreme Court · 1962
- Metcalf v. AltenritterAppellate Court of Illinois · 1977
- Scutella v. County Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1931
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jenkins v. HodesCourt of Appeals for the Tenth Circuit · 2005
- American National Bank and Trust Company of Rockford, Illinois, as of the Estate of Bruce F. Olson, Deceased v. United StatesCourt of Appeals for the Seventh Circuit · 1987
- McDivitt v. Pymatuning Mutual Fire InsuranceSupreme Court of Pennsylvania · 1982
- Mary E. Scott, of the Estate of Lucille M. Horstmeier, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 2000
- Scott, Mary E. v. CIRCourt of Appeals for the Seventh Circuit · 2000