Legal Opinion

In re the Estate of Duckman

New York Surrogate's Court

Decided September 10, 1981PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Michael A. Telesca, S.

In this proceeding, the petitioner, Florence Duckman, widow of the deceased, seeks to enforce the terms of an antenuptial agreement which required her husband to bequeath to her the sum of $10,000 provided they were living together as husband and wife on the date of his death.

There is no dispute concerning the validity and effect of the antenuptial agreement which was entered into on December 12, 1963. The problem arises concerning its enforcement in view of a testamentary provision in the decedent’s will dated May 21, 1970 which directs the executor…

2Cases cited10 opinions

  1. Christian v. ChristianNew York Court of Appeals · 1977
  2. In re the Accounting of HeinrichNew York Surrogate's Court · 1949
  3. Ducas v. DucasAppellate Division of the Supreme Court of the State of New York · 1916
  4. Ducas v. GuggenheimerNew York Supreme Court · 1915
  5. Rowe v. LansingNew York Supreme Court · 1889

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3Cited by1 opinion

  1. Lieberman v. LiebermanNew York Supreme Court · 1992

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