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SIMONDS v. SIMONDS

58 A.D.2d 305 (1977)

Mary Simonds, Respondent, v. Reva B. Simonds, Individually and as Executrix of Frederick L. Simonds, Deceased, Appellant

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

July 12, 1977

Attorney(s) appearing for the Case

Philip D. O'Donnell for appellant.

Carl G. Scalise for respondent.

MARSH, P. J., MOULE, CARDAMONE and GOLDMAN, JJ., concur.

SIMONS, J.

This action is brought by a former wife of Frederick L. Simonds, now deceased, to impose a constructive trust on proceeds of insurance policies on his life which are payable to defendants.

Plaintiff and decedent were divorced on March 31, 1960 and decedent subsequently married defendant Reva B. Simonds on May 26, 1960. Defendant Gayle Simonds is the child of decedent's second marriage. On March...

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