STROHSAHL v. EQUITABLE LIFE ASSUR. SOC'Y. OF U.S.


71 N.J. Super. 300 (1962)

176 A.2d 814

REVEREND FATHER VINCENT H. STROHSAHL AND EDWARD C. GUNTHER, AS EXECUTORS AND TRUSTEES UNDER THE LAST WILL OF JULIAN THURBER KELLY, DECEASED, PLAINTIFFS, v. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, A MUTUAL COMPANY, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided January 2, 1962.


Attorney(s) appearing for the Case

Mr. Edward C. Gunther, attorney for plaintiffs.

Mr. George Warren, guardian ad litem, pro se.

Messrs. O'Mara, Schumann, Davis & Lynch (Mr. J. Alan Drummond, appearing), attorneys for Captain Robert B. Kelly and Hazel Kelly, his wife.

Messrs. Lamb, Langan & Blake (Mr. H. Curtis Meanor, appearing), attorneys for defendant.


PASHMAN, J.S.C.

This matter is before the court on a stipulation of facts agreed to by all of the interested parties and concerns the novel question of whether an insured may effectively, by will, alter the mode of insurance proceeds distribution to his named beneficiaries without substantially complying with the "change of beneficiary" provisions in his policies of life insurance.

The facts are substantially...

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