CHURCH LIFE INS. CORP. v. SWANN


283 A.D. 1051 (1954)

Church Life Insurance Corporation, Plaintiff, v. John B. Swann, Respondent, and A. Willard Ivers, as Administrator of The Estate of Frederick K. Ivers, Deceased, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 21, 1954.


Putting aside the evidence introduced through defendant Swann as to transactions between himself and his codefendant with the decedent, there remains ample evidence, including unassailable communications between plaintiff insurance company and decedent, from which we are satisfied that decedent at all times intended to designate defendant Swann as his beneficiary. We are also satisfied, that taking into consideration decedent's habits and temperament, he did all that he could...

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