DOYLE v. SULLIVAN


176 A.D.2d 55 (1991)

Kathleen S. Doyle, as Executrix of Harold A. DePuy, Deceased, Respondent, 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-Respondents, and Mark DePuy et al., Interpleader Defendants-Appellants, et al., Interpleader Defendant. (Appeal No. 1.)

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

January 31, 1991


Attorney(s) appearing for the Case

Robert A. Schwartz for interpleader defendants-appellants.

Zicari, McConville, Cooman, Morin & Welch, P. C. (Alan Ross of counsel), for respondent.

Weidman, Vazzana & Corcoran, P. C. (James Vazzana of counsel), guardian ad litem pro se.

DENMAN, P. J., CALLAHAN, GREEN and LAWTON, JJ., concur.


DAVIS, J.

The issue presented by this appeal is whether the death benefits payable under annuity contracts (annuities) should be paid to the contingent beneficiaries or to the annuitant's estate when the primary beneficiary survives the annuitant (decedent) but is otherwise disqualified from receiving those death benefits. Entitlement to those death benefits is variously claimed by decedent's former wife, Janice...

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