From Casetext: Smarter Legal Research

Matter of Kelley

Appellate Division of the Supreme Court of New York, Second Department
Jun 18, 1937
251 App. Div. 847 (N.Y. App. Div. 1937)

Summary

In Matter of Kelley (251 App. Div. 847) and Matter of Lamport (71 N. Y. S. 2d 414) where enforcement of the beneficiary's claim against the estate was denied there were very strong indications of the insured's intention to charge repayment of his indebtedness exclusively to the policies.

Summary of this case from Matter of Cummings

Opinion

June 18, 1937.

Present — Hagarty, Davis, Johnston, Taylor and Close, JJ.


Decree of the Surrogate's Court of Putnam county unanimously affirmed, without costs, on the ground that appellant had no vested, irrevocable interest in the policy of her husband, Charles E. Kelley, deceased, and that it was not her property which was applied in satisfaction of her husband's debt. When the husband executed his certificate on August 15, 1932, revoking the designation of his wife as the absolute beneficiary and redesignating her as beneficiary subject to the assignment to the Manufacturers Trust Company, he thereby diminished her interest in the policy pro tanto and, in effect, constituted the trust company the primary beneficiary to the extent necessary to satisfy its loan to him and appellant, the secondary beneficiary, as to any residue which may remain. Under section 52 Dom. Rel. of the Domestic Relations Law and section 55-a Ins. of the Insurance Law, the wife may acquire a vested irrevocable right to the proceeds of the policy, free from the claims of the husband's creditors and representatives, only if the husband die without exercising his reserved right to change the beneficiary in accordance with the provisions of the policy. Here the husband exercised that right to the extent necessary to satisfy his loan. Hence, when the trust company applied the proceeds of the policy to the payment of the loan, it was not utilizing appellant's property and she could not be subrogated to the rights of the bank with respect to the stock of the Fairview Foundry Incorporated.


Summaries of

Matter of Kelley

Appellate Division of the Supreme Court of New York, Second Department
Jun 18, 1937
251 App. Div. 847 (N.Y. App. Div. 1937)

In Matter of Kelley (251 App. Div. 847) and Matter of Lamport (71 N. Y. S. 2d 414) where enforcement of the beneficiary's claim against the estate was denied there were very strong indications of the insured's intention to charge repayment of his indebtedness exclusively to the policies.

Summary of this case from Matter of Cummings
Case details for

Matter of Kelley

Case Details

Full title:In the Matter of the Estate of CHARLES E. KELLEY, Deceased. ALICE J.H…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 18, 1937

Citations

251 App. Div. 847 (N.Y. App. Div. 1937)

Citing Cases

Walzer v. Walzer

Both before and after the change of beneficiaries, the bank was simply the assignee of the policy to secure…

Walzer v. Walzer

He contends, in effect, that the use of this language is so conclusive as to preclude resort to evidence…