Legal Opinion
In re the Estate of Maruccia
Appellate Division of the Supreme Court of the State of New York
Decided January 8, 1981PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Birns, J.
The sole issue on this appeal is whether the provisions of the decedent’s separation agreement with Ethelyn, his sec*322ond wife, are “wholly inconsistent” with the provisions of his will in her favor so as to work a revocation of those testamentary provisions under EPTL 3-4.3.
Decedent’s first marriage to Laura Maruccia ended in divorce. They had had two children, Barbara and Dorothy. Decedent married Ethelyn Maruccia in February, 1957 and this marriage produced two daughters as well, Marianne and Camille. On June 24, 1966 decedent executed his last will and…
2Cases cited3 opinions
- In re the Estate of CoffedNew York Court of Appeals · 1979
- In re HollisterNew York Court of Appeals · 1966
- In re the Probate of the Will of CoteNew York Surrogate's Court · 1949
3Cited by1 opinion
- In re the Estate of FisherNew York Surrogate's Court · 1981