FIDELITY UNION TRUST CO. v. PHILLIPS


5 N.J. Super. 529 (1949)

68 A.2d 574

FIDELITY UNION TRUST COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, AS TRUSTEE UNDER AGREEMENT OF TRUST DATED SEPTEMBER 2, 1938, PLAINTIFF, v. ARTHUR PHILLIPS, JR., MILTON MAYBAUM AND NATHAN SILDER, AS EXECUTORS UNDER THE LAST WILL AND TESTAMENT OF ARTHUR PHILLIPS, DECEASED, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided September 28, 1949.


Attorney(s) appearing for the Case

Messrs. Riker, Emery & Danzig (Mr. Theodore McC. Marsh), for plaintiff.

Messrs. Hannoch & Lasser (Mr. Herbert J. Hannoch) and Messrs. Bilder, Bilder & Kaufman (Mr. Samuel Kaufman), for defendants.


FREUND, J.S.C.

The issue in this case is whether a loan, collateralized by life insurance policies on the life of the borrower and satisfied from the proceeds thereof by the lender upon the death of the borrower, is recoverable by the beneficiary under the policies from the estate of the borrower as a debt to be paid out of the general assets of the estate, or whether the beneficiary is only entitled to the net proceeds of the insurance. The precise question does...

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