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SCHWARTZ ESTATE

369 Pa. 574 (1952)

Schwartz Estate.

Supreme Court of Pennsylvania.

March 24, 1952.

Attorney(s) appearing for the Case

Morris H. Fussell, for appellants.

David F. Maxwell, with him Edmunds, Obermayer & Rebmann, for appellees.

Before DREW, C.J., STERN, STEARNE, BELL, CHIDSEY and MUSMANNO, JJ.

OPINION BY MR. JUSTICE ALLEN M. STEARNE, March 24, 1952:

The question involved is whether a "policy loan" upon a life insurance policy is a debt of such a nature as enables the designated beneficiary, upon the insured's death, to require the loan to be repaid from the insured's general estate, thus enabling the beneficiary to receive the full insurance proceeds. The court below ruled that it was such a debt and directed its repayment. This appeal followed.

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