Legal Opinion · Concurring in part, dissenting in part
In re the Estate of Prevratil
Appellate Division of the Supreme Court of the State of New York
Decided July 24, 2014Published
1Concurring in part, dissenting in partMcCarthy, J.
I agree with the majority’s resolution of this matter on all issues except the no contest clause in the 2011 will. Petitioners Sonya J. Stack and Rebecca L. Adrian (hereinafter collectively referred to as petitioners) violated that clause. On that basis, I respectfully partially dissent.
“There is no basis to disregard express terms in a will, absent ambiguity” (Matter of Clark, 304 AD2d 1034, 1034 [2003] [citation omitted]). “The paramount consideration in will construction proceedings is the testator’s intent” (Matter of Singer, 13 NY3d 447, 451 [2009] [citation omitted]), and “ ‘[w]here…
2Cases cited28 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- In Re the Estate of HunterNew York Court of Appeals · 2005
- In Re the Accounting of BuechnerNew York Court of Appeals · 1919
- William J. Jenack Estate Appraisers & Auctioneers, Inc. v. RabizadehNew York Court of Appeals · 2013
- In Re Proving the Will of LelandNew York Court of Appeals · 1916
23 more not listed; retrieve them via the Exa API.