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STONE v. METRO. LIFE INS. CO.

12 N.Y.2d 487 (1963)

Thomas G. Stone, as Administrator of The Estate of Mary I. Stone, Deceased, Respondent, v. Metropolitan Life Insurance Co., Defendant, and Olive Weinstein et al., Appellants.

Court of Appeals of the State of New York.

Decided May 9, 1963.

Attorney(s) appearing for the Case

Sheridan Albert for appellants.

Michael Goldberg for respondent.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI concur.

Per Curiam.

The writings and parol testimony do no more than show a failure to agree on a separation settlement. While the deceased's letter of May 25 could be interpreted as an offer to make plaintiff's intestate the irrevocable beneficiary of the deceased's life insurance policy, the reply to this letter rejected the offer. There is no further evidence tending to establish an agreement subsequently reached. In any...

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