135 Misc. 830 | N.Y. Sur. Ct. | 1930
In this accounting proceeding a question arises as to the validity and efficacy of a written change of beneficiary of a policy of fife insurance made by the decedent shortly before her death. The instrument was dated April 28, 1929, and read: “ Be it known that I, Sarah Schiffer, do hereby wish to change the beneficiary of my life insurance policy (NP. 5004936-A, Metropolitan Life Insurance Company) from my son, Sidney Schiffer, to my husband, Max Schiffer, without any restrictions whatever.” It was subscribed by the decedent and witnessed. The son Sidney
In the present case it has real efficacy because of the suspicious circumstances surrounding the change, its presentation to the company only after death, and because of the conduct of the father in applying for appointment as general guardian, as if the proceeds of the policy belonged to the infant. It was only after this event that his adverse claim to individual ownership was asserted. The father contends, however, that the insured, by the execution of the paper, had done all that it was possible for her to do to effect the change of beneficiary. His counsel cites certain
None of these elements is present in the existing proceeding. The policy was in the family apartment where it was available for presentation to the company for indorsement by either the father or his oldest son, who drew the instrument which named the new beneficiary. The change of beneficiary was never delivered to the company before the death of the insured. No valuable consideration supports the change of beneficiary. The equities in favor of the father are subordinate to those which may be invoked in the infant’s behalf. While the purpose of the decedent to effect a change from the son to the father may be clear, the failure to comply with the requirements has defeated it. As stated by Chief Judge His cock, in Schoenholz v. New York Life Insurance Co. (supra, 234 N. Y. 31): “ While this misconception may result in an unfortunate miscarriage of purpose we do not see how it can now be corrected.”
Submit decree on notice holding that the proceeds of the insurance policy are the property of the infant and directing delivery thereof to his general guardian.