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WALZER v. WALZER

3 N.Y.2d 8 (1957)

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

Court of Appeals of the State of New York.

Decided May 16, 1957.

Attorney(s) appearing for the Case

Chester Inwald and Milton L. Rosenberg for appellant.

Eugene Tuck and Leon M. Labes for respondent.

CONWAY, Ch. J., DYE and BURKE, JJ., concur with VAN VOORHIS, J.; DESMOND, J., dissents in an opinion in which FROESSEL, J., concurs; FULD, J., taking no part.

VAN VOORHIS, J.

The questions certified require us to decide whether or not the complaint should have been dismissed on motion for summary judgment. The action is brought against the estate of an insured by the beneficiaries of three life insurance policies, who seek to be reimbursed on account of an indebtedness owing by the decedent to a bank which collected from the proceeds of his life insurance instead of...

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