Legal Opinion

Rich v. Mottek

New York Court of Appeals

Decided March 1, 1962PublishedCited by 19 opinions

1Opinion of the CourtFuld, J.

Whether the joint will of Mr. and Mrs. Mottek constitutes a contract by each of the testators to dispose of his or her respective estate in the manner specified in such will is the question presented by this appeal.

Ludwig Louis Mottek and his wife Margaret came to this country from Germany in 1941. Some 5 years later, in March of 1946, they executed a holographic will, written in German, which bore the caption “Joint Testament”. After opening with the recital that Ludwig is married to Margaret and that there are two children, Helen Arnhym and Ilselotte (also Ilia) Rich, the will continues in…

2Cases cited4 opinions

  1. Rastetter v. . HoenningerNew York Court of Appeals · 1915
  2. Tutunjian v. VetzigianNew York Court of Appeals · 1949
  3. Hermann v. . LudwigNew York Court of Appeals · 1920
  4. Mutual Life Insurance v. HollodayNew York Supreme Court · 1883

3Cited by19 opinions

  1. Estate of Edward N. Opal, Deceased, Mae Opal, Now by Remarriage Known as Mae Konefsky v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1971
  2. Estate of Opal v. CommissionerUnited States Tax Court · 1970
  3. Glass v. BattistaNew York Court of Appeals · 1978
  4. In re the Estate of CoffedNew York Court of Appeals · 1979
  5. Wagner v. WagnerAppellate Division of the Supreme Court of the State of New York · 1977

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