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MUTUAL LIFE INS. CO. OF NEW YORK v. PATTERSON

No. 2075.

15 F.Supp. 759 (1936)

MUTUAL LIFE INS. CO. OF NEW YORK v. PATTERSON et al.

District Court, W. D. New York.

July 30, 1936.

Attorney(s) appearing for the Case

Dwyer, Reilly, Roberts, McLouth & Dicker, of Rochester, N. Y. (David H. Shearer, of Rochester, N. Y.), for plaintiff.

Vedo M. Candiello, of Hornell, N. Y., for defendant Grace H. Patterson.

James W. Cullen, of Sayre, Pa., for defendants Donald and Ethel Holcomb.

RIPPEY, District Judge.

On May 22, 1928, plaintiff issued its policy of insurance on the life of Sydney J. Patterson payable, upon his death, to his children, Ethel Holcomb and Gertrude Patterson, in equal shares. The policy contained a clause which authorized the insured from time to time to change the beneficiary by filing written notice in the home office of the company accompanied by the policy for endorsement, provided there was no existing assignment of the...

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