In re the Estate of Egan

Appeal by the administrator from an order and decree of the Saratoga County Surrogate’s Court which directs the administrator to pay the proceeds, amounting to $738, of a policy of insurance upon the life of decedent to the petitioner-respondent Joyce. We do not find an agreement which entitles petitioner to receive the face of the policy. He paid the premiums and it should be decreed that he have a lien upon the proceeds of the policy to the amount of premiums paid. In Shea v. United States Industrial Ins. Co. ( 23 App. Div. 53 ) the policy was issued under an agreement that the plaintiff, a blood relative of decedent, should receive the proceeds of the policy. Such an agreement is lacking in the present case. Craig v. Metropolitan Life Ins. Co. ( 250 App. Div. 561 ) distinguishes the Shea case and is authority in support of a reversal of the decree of the surrogate. Decree of the surrogate reversed on the law and facts, without costs, and matter remitted to the Surrogate’s Court where a decree is to be entered directing pay