In 1986 he began having reservations about the financial health of The Equitable. 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. "The mere statement of such a fact, it seems to us, is conclusive against the existence of any such right. We find that appellants' failure to immediately appeal the trial court's order does not warrant dismissal of the issue on appeal, and therefore we reach the merits of appellants' claim. It seems clear that the parking lot is an integral part of the Wieboldt retail operation, and if as a result of condemning the parking property the market value of the store property declines, there should, in justice, be compensation for land damaged but not taken. Second Counterclaim. The court held:"And where the policy or the contract of life insurance contains the right of the insured to change the beneficiary, such right must be exercised in the manner provided in such policy or contract. If the partnership does not treat the unfunded pension plan as a liability in its financial statements, the partners cannot later claim it as such. 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. The record reflects (1) an absence of adverse claims to the 30% share, and (2) no cognizable basis for considering a surcharge against it. ¶ 7 We agree with our sister appellate court that an order dismissing preliminary objections in the nature of a motion to compel arbitration is immediately appealable. 457, 471, 53 N. Cook v. equitable life assurance society of the united states. 2d 113 (1944) (so long as interest passes from owner presently, while owner remains alive, transfer is not testamentary). Was the Verdict Sheet presented to the jury, and the charge to the jury, erroneous and prejudicial to the defendants, warranting a new trial? In the case of Equitable Life v. Brown, 213 U.
Soc., 145 F. 2d 945, 949 (3d Cir. See Hazleton Area School Dist. 584, 55 98, 79 680 (1934); Rugo v. Rugo, 325 Mass. As appellants phrase it, Other than non-payment of the renewal commissions, and termination of employment, there was no other evidence of any breach of contract by defendant.
Margaret had been vigilant and noticed the problem prior to Douglas'. The court noted that Manfred was already married to Sandra--and the Will thus dysfunctional--when he drafted the designations. 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․". 179; Wingo v. Scottish equitable life assurance policy. First National Bank of Pontotoc, 60 So. Simply put, the verdict in this case does not shock us.
Harstad v. Metcalf, 351 P. 2d 1037 (Wash. 1960). Dawson suggests that this definition will also allow the inclusion of goodwill as an asset in dissolution. Whether a testator may change the beneficiary of his life insurance policy through a will even though it does not comply with the prescribed method in the insurance policy. That this should be permitted without an allegation, even on information and belief, that any fraud, mistake, or impropriety in the accounts, or in the manner of their statement, or in the result attained, had been made by the officers or agents of the company, would seem to be intolerable. 345, 349, 450 N. 2d 577 (1983). John T. Sharpnack, James F. Rosner, Sharpnack, Bigley, David & Rumple, Columbus, for interpleader ATEMENT OF THE CASE. 2d 666 (Oct. 17, 1996). That Douglas retained the right to change the beneficiary with written. We agree with Doris. ¶ 13 Appellants next advance several arguments contending that the evidence was insufficient to find liability and that the trial court should have thus granted judgment n. o. on this basis. The equitable life assurance society of us. 72, 81, 365 N. 2d 802 (1977); cf. 9, it revoked the Will. This, we think, was entirely fitting.
In the case before us, the word "Will" likewise described a particular writing without subjecting it to a legal test. First, this is not a case where an insurer held back (and enjoyed the use of) funds belonging to an insured. While appellants may advance many alternative theories as to why appellee experienced difficulty continuing his business, these possibilities do not necessitate a judgment n. v., as long as the verdict actually reached was one of the reasonable alternative theories. This also saves judicial energy. Becker v. Dutton, 269 Mass. 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. Another question pertains to the scope of Dawson when less than the entirety of the former law partnership continues. Sandra did not receive the principal until some 56 months later (approximately April 12, 1985). For the convenience of customers, a rear entrance to the Wieboldt store opens near the public alley adjoining the parking lot. Rectifying this omission requires a mere arithmetical computation, not a new trial. The recent revision of the ethical regulations for the legal profession alleviate the ethical concerns regarding the sale or distribution of goodwill. Fabiano, 39 386, 387-88 (); Strachan v. Prudential Ins. Put another way: "No particular form of words is required to create a trust.
The latter jurisdiction they denominate as the leading proponent of the theory they espouse: "that the provisions of a Will, either alone or in conjunction with supporting circumstances, effectively change the beneficiary of a life insurance policy. " 671, 675, 448 N. 2d 357 (1983); see also ch. The result should logically be the same. Co. v. McGinnis, 1913, 180 Ind. Specifically, "good will is not ordinarily attributable to a law partnership. " There was no present unified use of the tracts. See also Swann chell, 435 So. The matter, however, does not end on this note. See, e. g., Home Indemnity Co. v. Moore, 499 F. 2d 1202, 1205 (8th Cir. The partnership does not have goodwill to distribute to the partner because the law firm will not benefit in the future from that partner's association with the firm. ", the appellant owned property on both sides of Tilden Street in Chicago and, although only a portion south of the street was being condemned, he contended that since the tracts had been purchased for a common use, they were contiguous and should both be considered in the eminent domain proceedings. Illustrative is Baetjer v. United States,, where the land not taken was separated by 17 nautical miles of water. Lacking legal justification for withholding appellant's benefits and placing them into the court's registry, the insurer fell short of the standard set by ch. We cannot say, then, that viewing the charge as a whole, the trial court erred in explaining the law.
Yet, the case at bar is at a sizable remove: since life insurance policies must be paid directly to the designated beneficiary rather than distributed through the probate estate, a federal declaration concerning such proceeds in no way interferes with the work of the probate court. 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. Barrell v. Joy, 16 Mass. These states include Nebraska, Illinois, and Massachusetts. As long as it is reasonable to infer that this loss was a result of the letter, the evidence will be deemed sufficient to sustain the finding. In the case of farms, ranches, timberlands, building lots and even residence properties, the remaining portion usually retains its intrinsic value, only incidentally impaired by the loss of the part taken and the use to which it is to be put. N. Partnership Law § 74 (McKinney 1996). Almost one hundred years ago our supreme court in Holland v. Taylor, (1887) 111 Ind. 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. Viewed dispassionately, the insurer's behavior, albeit negligent (and wrong), cannot be characterized as callous.
Subscribers are able to see a list of all the documents that have cited the case. Court||United States State Supreme Court of Mississippi|. Where there is a present, unified, business use, as in the instant case, courts generally have adopted a more liberal view. 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.
On at least two prior occasions we have had the opportunity to consider similar statements of fact. Communications Workers of America v. Western Electric Co., 860 F. 2d 1137, 1142 (1st Cir. E. N. THOMAS, Chancellor. 2d 1038, 1045-46 (), appeal denied 555 Pa. 722, 724 A. At 768-72, 473 N. 2d 1084 (extrinsic evidence admissible to establish that use of phrase "nephews and nieces" in trust indenture referred to relatives of settlor's former spouse). The beneficiary has a right in the insurance contract, which can only be defeated in accordance with the terms of the contract. The divorce decree made no provision regarding the insurance policy, but did state the following: "It is further understood and agreed between the parties hereto that the provisions of this agreement shall be in full satisfaction of all claims by either of said parties against the other, including alimony, support and maintenance money. " When he divorced, he executed a will leaving his insurance policy benefits to his new wife. Kendrick is not an anomaly. Decision Date||14 October 1912|. Tesauro v. Perrige, 437 620, 650 A.
Appellant's brief, at 38.