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WALZER v. WALZER

1 A.D.2d 482 (1956)

June L. Walzer, Plaintiff, and Celia K. Walzer, as General Guardian of Lynn B. Walzer, Appellant, v. Daniel Walzer, as Executor of and Trustee under The Will of Morris Walzer, Deceased, Respondent

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

May 8, 1956.

Attorney(s) appearing for the Case

Eugene Tuck of counsel (Leon M. Labes, attorney), for appellant.

Chester Inwald of counsel (Milton L. Rosenberg with him on the brief; Hartman & Craven, attorneys), for respondent.

PECK, P. J., RABIN and COX, JJ., concur with BOTEIN, J.; BREITEL, J., dissents and votes to affirm in opinion.

BOTEIN, J.

In 1941 Morris Walzer assigned three policies of insurance on his life to the Berks County Trust Company of Reading, Pennsylvania, as collateral security for a loan. The assignments each provided that "any designation or change of beneficiary or election of a mode of settlement shall be made subject to this assignment and to the rights of the Assignee hereunder". Some years later, using the change of...

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