In re the Estate of Pierug

Buscaglia, S.

This discovery, proceeding was instituted by the executor to recover from the respondent the proceeds of an industrial life insurance policy. It appeared that the respondent, Helena Smaczniak, had been paid by the Prudential Life Insurance Company the face ¿mount of the policy on the life of this decedent. Mrs. Smaczniak had paid the premiums since the issuance of the policy and payment was made to her under what is known as a “ facility of payment clause ”. There is no dispute about these facts. The executor contends that under the law in New York the estate is entitled to the…