MOORE v. MOORE

Docket No. 251822.

700 N.W.2d 414 (2005)

266 Mich. App. 96

Hetta MOORE, Plaintiff-Appellee, v. Clarke A. MOORE, Deceased, by the Estate of Clarke A. Moore, Defendant-Appellant.

Court of Appeals of Michigan.

Decided April 28, 2005, at 9:00 a.m.

Released for Publication June 22, 2005.


Attorney(s) appearing for the Case

James T. Miller, Romeo, for the plaintiff.

Couzens, Lansky, Fealk, Ellis, Roeder & Lazar, P.C. (by Phillip L. Sternberg), Farmington Hills, for the defendant.

Before: SAAD, P.J., and FITZGERALD and SMOLENSKI, JJ.


SAAD, P.J.

The deceased defendant, by his estate, appeals by delayed leave granted the trial court's order that denied defendant's motion for postjudgment relief. We reverse and remand.

I. NATURE OF THE CASE

We address the question of who is entitled to the proceeds of a life insurance policy and a pension death benefit, the decedent's estate or decedent's former wife. Here, the decedent named plaintiff, his former spouse, as the beneficiary, but...

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