MATTER OF PRESTON


32 A.D.2d 110 (1969)

In the Matter of the Accounting of William L. Schrauth, as Trustee under The Will of Laura W. Preston, Deceased, Respondent. Nanette Preston et al., Respondents; The Equitable Life Assurance Society of the United States, Appellant

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

May 19, 1969.


Attorney(s) appearing for the Case

Marshall F. Denenholz (Valentine A. Meehan of counsel), for appellant.

William L. Schrauth, respondent in person.

Barkho & Phair (James S. Phair of counsel), for Nanette Preston and others, respondents.

CHRIST, Acting P. J., BRENNAN, RABIN and HOPKINS, JJ., concur.


MARTUSCELLO, J.

The question presented is whether the Surrogate was correct in concluding that a certain life insurance policy issued by the appellant, The Equitable Life Assurance Society of the United States (hereinafter referred to as "Equitable"), was in full force and effect at the time of the insured's death.

The facts are not in dispute. In May, 1961...

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