Janus v. Tarasewicz case brief summary
482 N.E.2d 418 (1985)
CASE FACTS
The mother's son and the father's daughter, who were husband and wife, ingested cyanide laced aspirin capsules. The son died shortly after he was admitted to the hospital. The daughter survived on life support systems for two days before she was pronounced dead. The daughter was the primary beneficiary of the son's life insurance policy and his mother was the contingent beneficiary. The insurer paid the proceeds of the policy to the father, as the administrator of his daughter's estate. The mother filed an action contending that there was no evidence that the daughter survived her son and that she was therefore entitled to the proceeds of the policy as the contingent beneficiary. The circuit court found otherwise and entered judgment in favor of the father. The mother and the administrator of the son's estate appealed.
DISCUSSION
CONCLUSION
The court affirmed the judgment of the circuit court.
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482 N.E.2d 418 (1985)
CASE SYNOPSIS
Plaintiff mother filed an
action against defendants, father, insurer, and administrator,
claiming entitlement to the proceeds of her son's life insurance
policy. The Circuit Court of Cook County (Illinois) conducted a
nonjury trial and thereafter entered a judgment in favor of the
father. The mother and the administrator appealed.CASE FACTS
The mother's son and the father's daughter, who were husband and wife, ingested cyanide laced aspirin capsules. The son died shortly after he was admitted to the hospital. The daughter survived on life support systems for two days before she was pronounced dead. The daughter was the primary beneficiary of the son's life insurance policy and his mother was the contingent beneficiary. The insurer paid the proceeds of the policy to the father, as the administrator of his daughter's estate. The mother filed an action contending that there was no evidence that the daughter survived her son and that she was therefore entitled to the proceeds of the policy as the contingent beneficiary. The circuit court found otherwise and entered judgment in favor of the father. The mother and the administrator of the son's estate appealed.
DISCUSSION
- The court affirmed, holding that the evidence supported the circuit court's determination that the son predeceased the daughter and, accordingly, that the daughter's estate was entitled to the proceeds of the policy.
- The court found that the medical evidence demonstrated that the daughter exhibited positive signs of life after the son ceased showing such signs.
CONCLUSION
The court affirmed the judgment of the circuit court.
Suggested Study Aids For Wills, Trusts & Estate Law
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