Hawthorne v. Hawthorne

13 N.Y.2d 82, 242 N.Y.S.2d 50, 192 N.E.2d 20 (1963)

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Nature of the Case

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Facts

Edith (P) and Wilson (D) Hawthorne owned real property as tenants by the entirety. The property was insured, with P, D, and a mortgagee as named insureds on the policy. The house on the property was destroyed by fire, and the insurance company paid the claim with a draft issued to all three as payees. P sued for a division of the proceeds. The lower court granted D's motion to dismiss the complaint. P appeals.