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LOIS CARRUTHERS v. $21 (08/14/81)

filed: August 14, 1981.

LOIS CARRUTHERS, CLAIMANT, APPELLEE AND JAMES W. DOLBOW, CLAIMANT, APPELLANT,
v.
$21,000 (FORMERLY NEW YORK LIFE INSURANCE COMPANY). APPEAL OF JAMES W. DOLBOW, CLAIMANT



No. 2269 October Term, 1979, Appeal from the Order of the Court of Common Pleas, Civil Division, of Delaware County, No. 77-4561.

COUNSEL

Joseph E. Lastowka, Jr., Media, for appellant.

Joseph P. Caranci, Media, for appellee.

Price, Watkins and Montgomery, JJ.

Author: Montgomery

[ 290 Pa. Super. Page 55]

Lois Carruthers, appellee, and James W. Dolbow, appellant, are both claimants of the proceeds of a group life insurance policy in the sum of $21,000.00 written by the New York Life Insurance Company. New York Life was granted leave to pay the proceeds of the policy into court.

The policy was written on the life of Theodore Dolbow, Jr. who died February 13, 1976. Theodore Dolbow, Jr. was initially insured under the policy on January 6, 1966, while an employee of the Reading Company. At that time, he designated Theresa V. Dolbow, his wife, as the beneficiary.

[ 290 Pa. Super. Page 56]

On December 13, 1974, he changed the beneficiary to his brother, James W. Dolbow, one of the present claimants. He again changed the named beneficiary one February 28, 1975, this time to Lois Carruthers, the other claimant herein. Both changes were executed in full compliance with the provisions of the policy.

The present dispute resulted from the contents of a holographic will which was admitted to probate. It was written by the decedent on the back of an envelope and read:

"As my last will & testament all insurance and any and all articles that belong to me and willed to anyone other than my brother James W. Dolbow is hereby changed to read willed to James W. Dolbow.

/s/ Theodore R. ...


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