In re the Estate of Huselton

O’Brien, S.

The issues raised by the objections filed to this account are determined as follows: I hold that the contestants are preferred claimants and should, therefore, be paid the amount of their claim, to wit, the sum of $506.64, in full. It is well established that where one of several parties collects the total proceeds of an insurance policy, payable “ as interest may appear,” he may be compelled to account for such portion which exceeds his interest, to the other person or persons interested in the insurance. (Cone v. Niagara Fire Insurance Co., 60 N. Y. 619; Tierney v. Home Title…