Trial Rule 56(C) states, in pertinent part: "The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits and testimony, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. " Since it is quite evident that property which can produce no income has but little value, more facts were needed to explain this apparent inconsistency. The court's construction of the designations, therefore, not only comports with plain language but also effectuates the settlor's discoverable intent. The trial court overruled a demurrer to the answer and held that the executors were entitled to dispose of the fund according to the will. Cook v. equitable life assurance society for the prevention of cruelty. Indeed, in the usual case, at least one of the claims will be very tenuous. The court repeated the rule of Holland at 56 Ind. The tale which confronts us, and our resolution of it, follows.
428 N. E. 2d 110 (1981). This provision goes to the heart of appellee's argument and negates it. Sandra's third effort to defeat the designations raises an interpretative question. Other Sources Cited by the Court. In the case before us, the word "Will" likewise described a particular writing without subjecting it to a legal test. The contract in question is a New York contract. 179; Wingo v. First National Bank of Pontotoc, 60 So. Here, the uncontradicted evidence mandated an inference that the decedent intended to distribute 70% of the insurance proceeds to his children via the trust device. Scottish equitable life assurance policy. Contracts (aka will substitutes). 578, 204 N. 2d 374, 380, on rehearing 205 N. 2d 178, trans. 1029, 111 S. W. 3d 12, 16-17 (1937). The parties cross-moved for summary judgment. Was the Verdict Sheet presented to the jury, and the charge to the jury, erroneous and prejudicial to the defendants, warranting a new trial?
The expelled partner sought an accounting. Doris Argument: While strict compliance with a policy's terms are not needed where the insured did everything he could to effect the change, Douglas did not do everything he could. See 5 M. Rhodes, Couch on Insurance 2d Sec. 42 Pa. C. S. § 7320(a) makes appealable "[a] court order denying an application to compel arbitration under section 7304. The defendants contend that the court also erred in refusing to permit evidence in support of their cross petition. The parking lot is rectangular in shape and is bounded on the north by the public alley, on the west by Peoria Street, on the south by Sixty-fourth *344 Street, and on the east by the north-south alley and is equipped with asphalt paving, car stops, lights, and is enclosed by a cyclone fence. Decision Date||14 October 1912|. On June 7, 1976, Douglas made a holographic will in which he bequeathed his insurance policy with Equitable Life to his wife and son, Margaret and Daniel:"Last Will & Testimint [sic] I Douglas D. Cook v. equitable life assurance society conference. Cook Being of sound mind do Hereby leave all my Worldly posessions [sic] to my Wife and son, Margaret A. Cook & Daniel Joseph Cook.
Given that the case slips neatly within the section 1335 integument, the district court, we believe, was wholly competent to hear and determine the question. Accord In re Pilot Radio & Tube Corp., 72 F. 2d 316, 319 (1st Cir. C. 331; Bewley v. Equitable Life, 61 How. Viewed dispassionately, the insurer's behavior, albeit negligent (and wrong), cannot be characterized as callous. We need not determine here whether any conditional privilege actually existed in this case because we find that, even if a conditional privilege did exist, it was abused by appellants. For example, at page 28 of their brief, they state: "This means that the taking of this lot forever freezes this store to its present size, and prevents the use of this land for expansion of store functions. There would be no necessity for an allegation, much less the slightest, even prima facie, proof of wrongdoing, or that there had been any mistake made by the company in the apportionment made by it. And I was shocked that any former employer would bad mouth an employee that had been with them for so many years when they left. " At 770, 473 N. 2d 1084. Any such finding would be based upon a failure to comprehend the fact that the court had granted a nonsuit as to the termination issue.
This seems to call for a more liberal reading of the rule permitting severance damages where virtual contiguity is shown. Here, the store and parking properties were acquired at different times, from different owners, and for different purposes. Whether valid or not, it contained proof of Manfred's "words and conduct and... end to be accomplished, " Carpenter, 362 Mass. Although he never changed the beneficiary of the life insurance policy, he made a holographic will leaving the proceeds from the life insurance policy to his second wife and son. On December 24, 1965, Douglas married Margaret, and a son, Daniel, was born to them. Chicago and Northwestern Railway Co. v. Town of Cicero,. ) 594 and 596; Perkins v. Merchants & Farmers Bank, 60 So. The privilege is abused, however, if Mr. Mackey made the communication with knowledge that it was false or made the communication recklessly, that is in utter disregard as to whether it was true or false. On this record, it is equally no defense that Equitable professes to have been safeguarding the court's interests. See also MacGillivary v. Dana Bartlett Ins. SUMMARY] | [ISSUE & DISPOSITION] | [AUTHORITIES CITED] | [COMMENTARY]. And finally, abuse of a conditionally privileged occasion. 178, 186-88, 146 N. 277 (1925) (when wife left property upon terms "as shall be provided for the trust established by my said husband's will relating to the residue of his estate, " wife's will established a valid " 'referential' trust... separate and distinct from the trust fund created by her husband"); Newton v. Seaman's Friend Society, 130 Mass. Writing for the Court||COOK, J.
But whether one exists or not is to be ascertained from the intention of the parties. " Thus, the district court, on remand, should calculate the interest due for the period August 15, 1980 through April 12, 1985 at 12% per annum, see id. The properties in question are located in the city of Chicago near the intersection of Sixty-third and Halsted streets, the so-called hub of the Englewood shopping area. 1 Appellants suggest that the trial court made its decision based upon appellee's argument that the clause also contained an exception that controlled the instant dispute: "with the exception of disputes involving the insurance business of any member which is also an insurance company․". The complainant's contention, as above stated, that there is such a trust in the fund mentioned, has never been regarded as the law in the state of New York" (citing New York cases) "nor anywhere else so far as any case has been cited on the subject. ¶ 15 Appellants, though, conflate appellee's burden of showing the defamatory character of the communication with the burden to show damages, and suggest there is no evidence to show appellee was damaged by the letter. So the basic rule is that if. If the decedent knowing who was designated as beneficiary, desired to change, it was incumbent upon him to exercise his right to change the beneficiary as the master policy provided under Section 9 quoted above. Goodwill is an asset unless the partnership agreement deems it of no value and the course of dealing of the partners confirms that status. Whereas the condemned parcel was formerly used by Wieboldt for free customer parking, it will now be used by the city as a paid parking area. In a subsequent decision, the district court found "no indication of bad faith" on the insurer's part, granted judgment for Equitable on Sandra's counterclaims, ordered its fees paid, and dismissed it from the action. However, the court left these instances undefined. You have a valid will and a valid insurance policy, the beneficiary. Being my Bank Accounts at Irwin Union Bank & trust to their Welfair [sic] my Insurance policys [sic] with Common Welth of Ky. and Equitable Life.
1970); Equitable Life Assurance Soc'y v. Cooper, 328 1126, 1127 (W. ). See May 30 Order at 1. The standard is an objective one. Nothing turns on the effort: if we were to find that interpleader as to the 30% share was frivolous, and therefore were to conclude that the district court lacked jurisdiction over that aspect, the remedy would be to vacate the April 12 Order awarding the money to Sandra and to insist that Sandra return the money to the registry, so that Equitable could withdraw it, and then pay it to Sandra.
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