MARKWICA v. DAVIS


64 N.Y.2d 38 (1984)

Donald J. Markwica et al., Respondents, v. Dorothy Davis, Appellant.

Court of Appeals of the State of New York.

Decided December 18, 1984.


Attorney(s) appearing for the Case

Michael B. Infantino and John S. Hall, Jr., for appellant.

James P. Dawson for respondents.

Chief Judge COOKE and Judges JASEN, WACHTLER, MEYER, SIMONS and KAYE concur.


JONES, J.

Where as an incident of a separation agreement a decedent husband has agreed to continue his children as beneficiaries of a policy of insurance on his life, a constructive trust for their benefit will be impressed on the proceeds of such insurance in the hands of the decedent's second wife to whom they had been paid under a change of beneficiary designation.

On June 9, 1970, John and Carol Markwica...

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