Weiner v. Goldberg

Clarke, Justice.

This appeal and cross-appeal are from an order of the trial court partially granting and partially denying both parties’ motions for summary judgment. The trial court found that a portion of the proceeds from insurance on the life of Joel Weiner belongs to his former wife, Beverly Goldberg, rather than his widow, Merle Weiner, because of the imposition of a constructive trust.

Joel Weiner and Beverly Goldberg were divorced in 1970. The settlement agreement which was incorporated into the final decree of divorce provided that Weiner would maintain for the benefit of the two…