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As the trial court noted, Federal Judge Charles Smith testified: "I was shocked that anybody would accuse Mr. Cooke of misrepresentation. In relevant part, the statute provides: The marriage of a person shall act as a revocation of a will made by him previous to such marriage, unless it appears from the will that it was made in contemplation thereof. Ordinarily the remedy for non-compliance with the Pa. 1925(a) is a remand to the trial court with directions that an opinion be prepared and returned to the appellate court. Cook v. equitable life assurance society of the united. Determine how much (if any) interest Sandra actually received when the $20, 700 principal share was paid over; credit the latter against the former; and order Equitable to pay any remaining balance. The district court issued its endmost opinion on May 31, 1988. ¶ 1 Before this Court is the appeal of The Equitable Life Assurance Society of the United States and J. The district court therefore erred in granting brevis disposition on the first counterclaim in plaintiff's favor; Sandra was entitled to a finding. Furthermore, the court cited Disciplinary Rule 2-111 for the proposition that goodwill is includable among the assets in the sale of a partnership.
Was there in fact a finding by the jury that defendants had breached the Agency Contract by not paying renewal commissions; 6. In Massachusetts, "the existence of a trust does not depend upon the terminology used. " 507, 510, 73 N. 2d 840 (1947); Brogi v. Brogi, 211 Mass. Decided Feb. 8, 1989. Over 2 million registered users. To say here that the store property is used for retail merchandising while the parking property is not, strikes me as unrealistic. Nor does the fact that the appellee is designated as `wife' alter the situation. It is elementary that a mere intention on the part of the owner to put properties to a common use is not sufficient to allow a cross petition in a condemnation action, but such properties must be considered as they existed at the time the proceedings were commenced, (White v. ;, ) and whether or not the cross petition is proper is a question of law which must be decided by the court. In that case the Kentucky court departed from and ignored the numerous well-considered cases in which it had been held that the trust relation did not exist. Eleven years after his divorce Douglas attempted to change the beneficiary of his insurance policy by a holographic will, but did not notify Equitable. Discovery was made; interrogatories and affidavits were filed; and all parties moved for summary judgment. The equitable life assurance society of us. With this we cannot agree. Sawyer v. Cook, 188 Mass.
Compare, e. g., Shapiro v. American Home Assurance Co., 616 906, 920 () (though insurer's disclaimer of coverage was unfounded, insureds did not meet their burden of presenting evidence to show willful or knowing violation, or bad faith). They challenge the trial court's refusal to compel arbitration or to grant a judgment N. O. V. Scottish equitable life assurance policy. We affirm. The court ruled that the 1973 Will, although legally revoked by Manfred's remarriage, nonetheless sufficed to create a valid nontestamentary trust when read in conjunction with the policies' beneficiary designations. This, we think, was entirely fitting. That strict compliance was not required to change the beneficiary, but.
"Manifestly money so paid does not pass 'by will, or by the laws regulating intestate succession. ' "); see also Clymer v. Mayo, 393 Mass. Synopsis of Rule of Law. Survey of the Law in Other JurisdictionsSome states have statutes dealing with partnership dissolution that have been construed as answering this question, at least in the absence of specific treatment of the issue in the parnership agreement. See Van Dyke v. St. Paul Fire & Marine Ins.
Again, the record contains sufficient evidence by which a jury may reasonably conclude that Mackey sent his response letter to all of Cooke's Equitable clients without first ascertaining whether Cooke had sent his draft to all or any of his clients. The insurer, the insured, and beneficiary should be able to rely on the certainty that policy provisions relating to the naming and changing of beneficiaries will control. 1) Two or more adverse claimants, of diverse citizenship... are claiming or may claim to be entitled to... any one or more of the benefits arising by virtue of any... policy or other instrument, or arising by virtue of any such obligation; and if (2) the plaintiff has deposited... the amount due under such obligation into the registry of the court, there to abide the judgment of the court.... 28 U. 9 Fairness is a two-way street: to sanction an award of attorneys' fees to Sandra in this instance would not do justice, but rather would produce an undeserved windfall for appellant. 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 Being of sound mind do Hereby leave all my Worldly posessions [sic] to my Wife and son, Margaret A. Cook & Daniel Joseph Cook. Because of our previous finding that the evidence was sufficient to find negligence, we are compelled to find the evidence sufficient to support a finding that appellants abused any existing conditional privilege. Rene M. Devlin, '97. The trial court included the law firm's goodwill was an asset but did not include the unfunded pension plan as a liability of the partnership. 3738 and Group Accidental Death and Dismemberment Policy No. This appeal followed. In short, the Will is not a will as such, but simply a "means for supplying... proof" as to the trust's particulars. 2d 37, 39 (), alloc. Douglas Cook named the appellant, Doris Cook, the beneficiary of his life insurance policy.
Is the trial court's entry of summary judgment in this case contrary to Indiana law because the court entered judgment in favor of the named beneficiary of an insurance policy rather than in compliance with the insured testator's intent as expressed in his will? Providing certainty to beneficiaries and insurance companies about who. ¶ 10 We have held that the trial court must file an opinion addressing the issues set forth in the appellants' Pa. 1925 statement: The Pennsylvania Rules of Appellate Procedure require a trial court, upon notice of appeal from post-trial motions or other orders, to file an opinion detailing the reasons for the order or for the rulings or matters complained of or to specify in writing the place in the record where such reasons may be found. Though an infraction occurred, there is not sufficient evidence that it was "willful or knowing. " Moreover, future uses, such as the possible expansion referred to, appear not greatly material to a consideration of present value, as opposed to the present facts themselves. We also find the evidence sufficient to support a general judgment of defamation against appellants. 310, 312, 98 N. E. 1043 (1912). 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.
The firm's financial statements reflected neither goodwill nor the pension plan. Finally, Mackey stated that he never spoke to any of Cooke's clients who had switched policies from Equitable to ascertain whether they had suffered adverse economic consequences before accusing Cooke of exposing Equitable clients to such consequences. We agree with Doris. In fine, when Manfred referred to "my Last Will and Testament" in composing the policies' beneficiary designations, he identified a document that could--and did--elucidate the terms of the trust declared. And (2) "Have there been any sales of areas of a size equal to this in recent years in this neighborhood? " Sandra's entitlement to 30% of the accidental death policy was plain as a pikestaff. It was impossible, therefore, for the insured to comply literally with the bylaws and regulations of the society for changing beneficiaries even though she notified the society of her desires to change the beneficiary on her certificate and also indicated those desires in her will.
The record reflects (1) an absence of adverse claims to the 30% share, and (2) no cognizable basis for considering a surcharge against it. Appellants argue that the court erred by failing to instruct the jury that they must find appellants' publication malicious or negligent or that a conditional privilege had been abused and cite one paragraph of the charge for our consideration. 2d 531, 534 (Pa. 1997). In order to recover damages in an eminent domain proceeding for property not actually taken, it must appear that this and the condemned land are contiguous, that is, they are either physically joined as a single unit or so inseparably connected in use that the taking of one will necessarily and permanently injure the other. It follows, then, that satisfying the beneficiary is the contractual responsibility of the insurer, not the fiduciary responsibility of the administratrix. In this area of defamation Mr. Cooke has the burden of proof․ Keep this in mind, the plaintiff such as Mr. Cooke in a defamation case has the burden of proving, one, the defamatory character of the communication. 12 (1966) (Disciplinary Rule 2-107) (allowing payment of former partner pursuant to separation agreement); 22 N. Title 22, § 1200. Again we held that, although recovery could be had for damages to contiguous property not taken, those parcels which were separated from the condemned area by public streets or alleys were not a proper subject of the eminent domain proceedings. If present use, rather than past acquisition and purposes, is determinative (as the majority seem to say, citing White v. *350 showing a regular full use for parking by store customers. We can see no reason why we should arrive at a different result in the present case. At the outset, Sandra urges that the result reached by the district court contravened the command of Frost v. Frost, 202 Mass. Equitable notified him that the policy. This is where the person exhibits an absence of ordinary care and diligence in ascertaining the true facts.
Douglas bought a life. Swanson v. Bankers Life Co., 389 Mass.