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UNITED STATES LIFE INS. CO. IN THE CITY OF NEW YORK v. NEWTON

236 A.D.2d 205 (1997)

653 N.Y.S.2d 850

United States Life Insurance Company in the City of New York, Respondent, v. John R. Newton, Appellant, et al., Defendant

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

February 4, 1997

The parties' conflicting affidavits and documentary evidence raise issues of fact as to whether the decedent's purported execution of the change of beneficiary form was fraudulently obtained, and, if not, whether the decedent was competent at the time of such execution. Particularly problematic are the affidavits of the two individuals whose names appear as witnesses on the change of beneficiary form, which affidavits, while attesting...

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