Penrose v. Penrose

Cross appeals from an order of the Supreme Court (Breen, J.), entered January 29, 2004 in Warren County, which, inter alia, partially denied plaintiffs motion to enforce certain provisions of a judgment of divorce.

The parties to this action were married in 1958. In 1985, a separation agreement between them was incorporated but not merged into a judgment of divorce. Thereafter, by an “Agreement and Waiver” dated August 2, 1993, plaintiff waived all of her rights under the divorce decree in exchange for specific bequests as then set forth in a will executed by defendant that same day. Defendant…