41 A.D.2d 1020 | N.Y. App. Div. | 1973
Order unanimously affirmed, with costs. Memorandum: This interpleader action was commenced by plaintiff insurer asking that it be permitted to pay into court the proceeds of an insurance policy on the life of decedent Elliott Grosof and be discharged from liability to either of the other parties to the action, appellant Cynthia Rogers and respondent Joan W. Grosof, individually and as executrix of the decedent’s estate. Appellant Cynthia Rogers is decedent’s former wife. She is named as beneficiary on the policy in language which directs payment of the proceeds to “ Cynthia Grosof, if she survives the insured, wife.” Appellant contends that the insurance policy created a contractual right in her to demand and receive payment of the proceeds from the insurer (Salvin v. Salvin, 165 App. Div. 362). Respondent is the widow of the insured and executrix of his estate. She seeks the proceeds because she claims that appellant waived all her rights to decedent’s property and estate under the terms of a general settlement embodied in a separation agreement executed by the parties on March 27, 1969. By the terms of that agreement, specified life insurance policies were made payable to appellant or the children of the marriage. This policy was not so identified and the claimant contends that it was not intended to be payable to appellant. The widow contends that the failure to change the