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AMERICAN INTERNATIONAL LIFE ASSURANCE COMPANY OF NEW YORK v. McGILLICUDDY

307 A.D.2d 228 (2003)

763 N.Y.S.2d 269

AMERICAN INTERNATIONAL LIFE ASSURANCE COMPANY OF NEW YORK, Plaintiff, v. DANIEL F. McGILLICUDDY, Respondent, and EDWARD A. GOLLIN, Appellant.

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

Decided July 31, 2003.

In this interpleader action commenced by American International Life Insurance Company (American), the IAS court granted the motion of the executor, respondent McGillicuddy, to award the proceeds of an annuity created by the decedent, Robbin, to the estate to be added to a residuary trust created for the benefit of the annuitant, appellant Gollin, a nephew of the decedent. Robbin had entered into an annuity contract with American, reserving certain powers, including changing...

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