Legal Opinion
In re the Estate of Coffed
New York Court of Appeals
Decided March 20, 1979PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
Presented for review is the question whether a "reciprocal” will is revoked by a general release which discharges the testator’s contractual obligation to execute such a will. An ancillary issue concerns whether a testamentary disposition may be impliedly abrogated by a document which does not comply with the formalities prescribed by EPTL 3-4.1.
A contract obligating an individual to execute a reciprocal will is analytically distinct from the will itself, and we hold that a release or discharge of the contractual duty, *518without more, does not work a…
2Cases cited7 opinions
- Rastetter v. . HoenningerNew York Court of Appeals · 1915
- In Re the Probate of the Will of DavisNew York Court of Appeals · 1905
- In Re the Probate of the Will of TremainNew York Court of Appeals · 1940
- In Re the Probate of the Will of HigginsNew York Court of Appeals · 1934
- Rich v. MottekNew York Court of Appeals · 1962
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In re the Estate of MurrayAppellate Division of the Supreme Court of the State of New York · 2011
- In re the Estate of MarucciaNew York Court of Appeals · 1981
- Matter of the Estate of Robyn R. LewisNew York Court of Appeals · 2015
- In re the Estate CharitouNew York Surrogate's Court · 1993
- Matter of Shui Yuk Mak ChinAppellate Division of the Supreme Court of the State of New York · 2017
11 more not listed; retrieve them via the Exa API.