In re the Estate of Walton
Appellate Division of the Supreme Court of the State of New York
1Concurrence
Silverman, J. (concurring).
I agree with the opinion of Presiding Justice Stevens.
The following observations are perhaps not entirely repetitious.
I. The amendments of 1971 and 1972 are valid because they are within the settlor’s reserved power to amend. The settlor reserved to himself a general power to revoke or amend excepting amendment "to reduce in any way the provision made for the lifetime of the Settlor’s wife, Katherine Rose Kane Walton, in Section A of article First of this agreement except with her consent in writing”. The restriction is only with respect to reducing provision made…
2Cases cited2 opinions
- In re the Estate of SimeoneNew York Surrogate's Court · 1931
- In re the Estate of McGrattanNew York Surrogate's Court · 1974