7 Mass. App. Ct. 877 | Mass. App. Ct. | 1979
1. The defendants’ contention that the trial judge should have awarded Mrs. Christiansen the entire proceeds of the insurance policy on Christiansen’s life is not properly before us, as the defendants took no appeal from the judgment and are not entitled to have it revised in their favor on the plaintiffs appeal. Mahoney v. Mahoney, 5 Mass. App. Ct. 720, 727 (1977), and cases cited. 2. The judge’s conclusion that the plaintiff had an equitable interest in those proceeds did not, as argued by the plaintiff, require the further conclusion that that interest was exclusive. The finding that the policies on the lives of Christiansen and Davis had been procured for the limited purpose of securing the plaintiff and those individuals against liabilities arising from the Maine venture, which was amply supported by the testimony of Davis and Muller, warranted the inference of an intention that the plaintiffs beneficial interest in the proceeds of those policies be restricted to the amount of those liabilities. A comparison of the face amount of each of the two policies ($50,000, subject to an annual reduction of $5,000 over a ten-year term) with the principal amount of the Maine indebtedness ($35,000) suggests that the possibility of an excess of insurance proceeds over liabilities secured by them was contemplated by all concerned from the outset. That Christiansen and those claiming under him were intended to have at least a contingent
So ordered.