MATTER OF CHICOLA


224 A.D.2d 1005 (1996)

637 N.Y.S.2d 823

In the Matter of The Estate of Stephen Chicola, Deceased. In the Matter of The Estate of Amelia C. Chicola, Deceased. John Chicola, as Executor of Amelia C. Chicola, Deceased, Appellant; Stephen Chicola et al., Respondents

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

February 2, 1996


Order unanimously reversed on the law without costs, motion granted and petition dismissed.

Memorandum:

Petitioners are the grandchildren of the deceased, Stephen and Amelia C. Chicola. They seek to impose a constructive trust upon the proceeds of a policy insuring the life of their father, Stephen August "Auggie" Chicola. Auggie's second wife, Adelaide, was the primary beneficiary of that policy. Because she was convicted for the murder of Auggie, Adelaide...

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