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Matter of Weisman

Appellate Division of the Supreme Court of New York, First Department
Jun 11, 1998
251 A.D.2d 112 (N.Y. App. Div. 1998)

Opinion

June 11, 1998

Appeal from the Surrogate's Court, New York County (Eve Preminger, S.).


There is nothing in the subject testamentary agreement between the decedent and her husband (who predeceased her), or in their 1974 wills, as modified by codicils executed in 1980, from which it can be fairly inferred that the decedent relinquished her right to dispose of assets not specifically referenced in either the agreement or the wills during her lifetime. Even an agreement that the survivor's entire estate will be left to certain beneficiaries will not necessarily prevent the survivor from making a lifetime gift, since such a gift does not necessarily defeat the purpose of the agreement (Rastetter v. Hoenninger, 214 N.Y. 66, 73), and, in the absence of express or otherwise substantial textual provisions from which the inference of a dispositional limitation such as that proposed by petitioner could have been unequivocally drawn, the Surrogate properly declined to expand the scope of the agreements here at issue beyond their specific, facially evident intendment (see, Blackmon v. Estate of Battcock, 78 N.Y.2d 735, 740).

We have considered petitioner's remaining arguments and find them to be without merit.

Concur — Milonas, J. P., Ellerin, Williams, Tom and Mazzarelli, JJ.


Summaries of

Matter of Weisman

Appellate Division of the Supreme Court of New York, First Department
Jun 11, 1998
251 A.D.2d 112 (N.Y. App. Div. 1998)
Case details for

Matter of Weisman

Case Details

Full title:In the Matter of the Estate of LIBBY K. WEISMAN, Deceased. DOROTHY J…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 11, 1998

Citations

251 A.D.2d 112 (N.Y. App. Div. 1998)
674 N.Y.S.2d 33

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