DOYLE v. SULLIVAN


149 Misc.2d 910 (1991)

Kathleen S. Doyle, as Executrix of Harold A. DePuy, Deceased, Plaintiff, v. Janice Sullivan, Formerly Known as Janice DePuy, et al., Defendants. Teacher's Insurance and Annuity Association and College Retirement Equities Fund, Interpleader Plaintiff, v. Kathleen S. Doyle, as Executrix of Harold A. DePuy, Deceased, et al., Interpleader Defendants.

Supreme Court, Monroe County.

February 5, 1991


Attorney(s) appearing for the Case

Zicari, McConville, Cooman, Morin & Welch, P. C. (Alan L. Ross of counsel), for Kathleen S. Doyle, plaintiff and interpleader defendant. Robert A. Schwartz for Janice Sullivan and others, defendants and interpleader defendants. Nixon, Hargrave, Devans & Doyle (Judy A. Toyer of counsel), for Teacher's Insurance and Annuity Association and College Retirement Equities Fund, defendant and interpleader plaintiff. Wiedman, Vazzana & Corcoran, P. C. (James G. Vazzana of counsel), as guardian ad litem of Ethan DePuy, interpleader defendant.


DAVID O. BOEHM, J.

This case involves the right of contingent beneficiaries to annuity death benefits where the primary beneficiary waived her right to the proceeds in a matrimonial property settlement agreement with the insured.

The decedent, Harold A. DePuy, married defendant, Janice Sullivan, in 1951 and they had six children, Mark, Drew, Neil, Mary,...

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