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MATTER OF BYNE (SAMITER)

6 Misc.2d 417 (1956)

In the Matter of the Application of Jacob M. Poss, as Committee of the Person and Property of David Byne, Also Known as David Sameter and David Samiter, an Incompetent Person.

Supreme Court, Special Term, New York County.

December 24, 1956.

Attorney(s) appearing for the Case

Jacob M. Poss, committee in person.

Jacob K. Javits, Attorney-General (Louis E. Cooper of counsel), for Pilgrim State Hospital.

Lee M. Gammill and Frederick A. Ross for New York Life Insurance Company.

MATTHEW M. LEVY, J.

On August 13, 1926, when at the age of 18 and gainfully employed, David Samiter applied for and obtained an endowment policy of life insurance in the face amount of $2,000, issued by the New York Life Insurance Company. He named his mother (then 43 years of age) as the beneficiary, reserving unto himself the right to change the beneficiary. The policy contained a rider which required the company...

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