246 A.D. 144 | N.Y. App. Div. | 1936
Seven industrial policies of insurance issued on decedent’s life are the subjects of a discovery proceeding (Surr. Ct. Act, § 205) which has been had in Albany County Surrogate’s Court. The appeal is from the decree which directs that appellant deliver all the policies to the respondent, the administrator of the estate.
The surrogate, discussing the evidence in bis opinion, suggested that the attempts by the insured to change the poEcies so that appellant would be the named beneficiary indicated that he had not divested himself of ownership of the poEcies and that such acts were inconsistent with the claimed earEer gift. I am unable to draw that inference. If he had given the poEcies to the appeEant, it was oiEy natural that he should seek to effectuate his gift by simpEfying the coEection of the poEcies by his donee after his death. A gift is proven.
These poEcies may be transferred by gift. (Donahue v. New York Life Insurance Co., 259 N. Y. 98.) If there be question as to the ability of appeEant to coEect the proceeds from the several companies, it is not now before us.
The decree of the surrogate should be reversed and the matter remitted, with direction that the surrogate enter a decree dismissing respondent’s petition.
Rhodes, McNamee, Bliss and Heffernan, JJ., concur.
Decree reversed and matter remitted to the surrogate, with direction that the surrogate enter a decree dismissing the respondent’s petition, with costs to the appellant against the respondent.