I think there is a triable issue of fact as to whether the change of beneficiaries in the Phoenix Mutual Life Insurance Company policy constituted a "settlement" within the meaning of EPTL 5-3.2 (subd [a]) so as to preclude the afterborn infants' right to elect to take an intestate share notwithstanding the will. Judge Fuld in the leading case on the subject quoted with approval the rule that "the matter of intent is the all...
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