Lawwly

Simonds v. Simonds

New York Court of Appeals

45 N.Y.2d 233 (1978)

Relevant factsFree

Under their separation agreement, Frederick Simonds was to maintain life insurance naming first wife Mary (plaintiff) as beneficiary, but he let those policies lapse and purchased new ones naming his second wife and daughter (defendants) instead; upon his death, his estate was insolvent and no policy named Mary, so she sued to impose a constructive trust on $7,000 of the new policy proceeds.

IssueFree

Whether the replacement of insurance policies defeats an equitable interest in an insurance policy.

Unlock the full brief

Free accounts read 20 full briefs. No card required.