In re the Estate of Calligaro

OPINION OF THE COURT

Lee L. Holzman, J.

In this SCPA 1421 proceeding, the novel question presented is the impact of the decedent’s obligation under a property settlement agreement (separation agreement) with his former wife to designate their daughter “as beneficiary of any pension/ retirement survivor benefits until her emancipation,” upon his surviving spouse’s right, pursuant to EPTL 5-1.1-A (b) (1) (G), to treat the pension “survivorship” benefits payable to the decedent’s daughter as a testamentary substitute subject to her elective share. Although there is no case directly on point, based…