Church Life Insurance v. Swann

Appellate Division of the Supreme Court of New York

Church Life Insurance v. Swann

283 A.D. 1051, 131 N.Y.S.2d 530, 1954 N.Y. App. Div. LEXIS 6268

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 21, 1954

StatusPublished

This text of 283 A.D. 1051 (Church Life Insurance v. Swann) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Church Life Insurance v. Swann, 283 A.D. 1051, 131 N.Y.S.2d 530, 1954 N.Y. App. Div. LEXIS 6268 (N.Y. Ct. App. 1954).

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Opinion

Putting aside the evidence introduced through defendant Swann as to transactions between himself and his codefendant with the decedent, there remains ample evidence, including unassailable communications between plaintiff insurance company and decedent, from which we are satisfied that decedent at all times intended to designate defendant Swann as his beneficiary. We are also satisfied, that taking into consideration decedent’s habits and temperament, he did all that he could reasonably be expected to do under the circumstances in order to carry out that intention. Judgment unanimously affirmed, with costs. Present — Cohn, J. P., Callahan, Breitel, Bastow and Botein, JJ. [See 284 App. Div. 844.]

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Putting aside the evidence introduced through defendant Swann as to transactions between himself and his codefendant with the decedent, there remains ample evidence, including unassailable communications between plaintiff insurance company and decedent, from which we are satisfied that decedent at all times intended to designate defendant Swann as his beneficiary. We are also satisfied, that taking into consideration decedent’s habits and temperament, he did all that he could reasonably be expected to do under the circumstances in order to carry out that intention. Judgment unanimously affirmed, with costs. Present — Cohn, J. P., Callahan, Breitel, Bastow and Botein, JJ. [See 284 App. Div. 844.]

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283 A.D. 1051, 131 N.Y.S.2d 530, 1954 N.Y. App. Div. LEXIS 6268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/church-life-insurance-v-swann-nyappdiv-1954.