148 Misc. 226 | N.Y. Sur. Ct. | 1932
In this discovery proceeding the question of title to the proceeds of three industrial insurance policies of the Prudential Life Insurance Company on the life of the decedent is involved. There was a hearing at which time the respondent was not represented by counsel. Upon the evidence adduced at that time the court was of the opinion that the proceeds of the insurance policies belonged to the estate (N. Y. L. J. Oct. 26, 1932). Subsequently the respondent employed an attorney and an application was granted reopening the proceeding for the taking of further testimony. Upon such further hearing an insurance agent formerly employed by the Prudential Life Insurance Company was produced by the respondent. He testified that he solicited the decedent for insurance, and the insured said that he could not afford it, but would take out a policy if his brother and sister-in-law would pay for it. Later the decedent made an application for insurance at which time the agent and the respondent’s wife werejpresent. The agent told them that if the premiums were paid by the respondent and if he retained the policy, the company would pay him. When the policy was delivered the same persons were present. At that time Mrs. Arnott told the agent that the decedent, Walter, wanted to name her husband as beneficiary. The agent said that the respondent could not be named in the policy, but again repeated that as long as the decedent’s brother, George, had the policy and paid the premiums, the company would pay him upon the death of the insured.
A second policy was taken out later at which time the respondent’s wife, the agent and the decedent were present. She again inquired if her husband would receive the insurance money upon the death of the insured and the agent told her that if her husband retained the policy and paid the premiums, he would be paid.
A third policy was taken out at which time, in addition to the