Agency, Partnership and the LLC: The Law of Unincorporated Business Enterprises, Cases, Materials, Problems by J. Dennis Hynes & Mark J. Lowenstein

Author:J. Dennis Hynes & Mark J. Lowenstein [Hynes, J. Dennis]
Language: eng
Format: azw3
Tags: Law
Publisher: LexisNexis
Published: 2015-04-15T04:00:00+00:00

a. Suppose the policy contained both death benefits and total disability benefits. Would that fact strengthen the case for the hospital? If so, why?

b. Can you think of a better way the attorney could have cast the form of the document?

3. Martin Gough died intestate on July 27. He was survived by Margaret, a woman who lived with him for twenty-five years and claimed to be his widow, and three brothers, Luke, Frank and James. The three brothers were concerned about the disposition of Martin’s assets to his widow, so they entered into a written agreement on August 16 “in consideration of the covenants hereinafter set forth” appointing Luke to negotiate with Margaret “to settle any claim she has against the estate of Martin Gough and to act as administrator of said estate, and as trustee of a proposed trust for the benefit of said Margaret,” and agreeing “that we will approve any settlement made by him for our benefit.” This was the substance of the agreement.

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