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MCCARTHY v. AETNA LIFE INS CO.

92 N.Y.2d 436 (1998)

704 N.E.2d 557

681 N.Y.S.2d 790

Christine B. McCarthy, Formerly Known as Christine Kapcar, Appellant, v. Aetna Life Insurance Company, Defendant and Interpleader Plaintiff. Emil S. Kapcar, Interpleaded Defendant-Respondent.

Court of Appeals of the State of New York.

Decided November 20, 1998.

Attorney(s) appearing for the Case

Richard C. Reiner, New Rochelle, and Michael M. Eisenberg for appellant.

Harvey, Pennington, Herting & Renneisen, LLC, New York City (Victor R. Moritz, David L. Pennington and Carolyn B. Stevens of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, LEVINE, CIPARICK and WESLEY concur.

SMITH, J.

The question raised by this appeal is whether a decedent insured may effect a change of the designation of beneficiary on a life insurance policy by means of a testamentary disposition when the policy sets out another procedure for changing beneficiaries. We hold that under the circumstances of this case, he may not.

The relevant facts are not in dispute. Plaintiff Christine McCarthy and Stephen...

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