Matter of Estate of Levine

OPINION

HATHAWAY, Judge.

Appellants, the children of decedent, Joseph Levine, appeal from the dismissal of their complaint to impose a constructive trust against the estate and the personal representative, as such and individually. Their complaint arises out of an agreement between decedent and his first wife, Rose, wherein decedent agreed to make a will bequeathing his estate to his children with the proviso that he could leave 25% of his estate or $25,000, whichever is less, to someone else. The complaint is also based upon a prenuptial agreement between decedent and his second wife, Anne,…