In re the Estate of Brinkmann
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*551Ughetta, Rabin, Benjamin and Munder, JJ., concur; Beldock, P. J., dissents and votes to affirm the order, with the following memorandum: In my opinion, according to the language of the joint will, it is the will of the one who predeceased the other. I construe the will as providing for an outright devise and bequest by each to the other of his or her property, thereby vesting ownership in the survivor with the full right to sell or dispose of same by will or otherwise. It imports an independent disposition by each of his or her own property and not a present joint disposition of the…
2Cited by1 opinion
- In re the Estate of BubelierNew York Surrogate's Court · 1987