SHALLOW v. METRO. LIFE INS. CO.


278 A.D. 328 (1951)

Frank J. Shallow, Respondent, v. Metropolitan Life Insurance Company, Defendant, and Emma C. Carballal, Appellant

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

June 5, 1951.


Attorney(s) appearing for the Case

Philip A. Limpert for appellant.

Samuel Seligsohn of counsel (Daniel S. Weiss, attorney), for respondent.

DORE, J. P., COHN, VAN VOORHIS, SHIENTAG and McCURN, JJ., concur.


Per Curiam.

Decedent, a widower, seventy-two years of age, executed a change of beneficiary under the life insurance policy in question at St. John's Hospital on June 19, 1948. He died at the hospital on July 2d of the same year.

The finding of mental incompetency on the part of the decedent is based upon the opinions of physicians. These doctors were not present when the decedent executed the instrument changing...

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