Thea v. Kleinhandler

CHIN, Circuit Judge:

In this case, Stanley Thea (“Stanley”) and Frederica Thea (“Frederica”) agreed to and did execute mutual wills providing *494for each other’s assets to pass to the survivor and, upon the death of the survivor, to Stanley’s children from a prior marriage, Donald Thea and Deborah Thea (the “Theas”). After Stanley died, however, Frederica transferred substantially all of her assets to a trust (the “Trust”), leaving the remainder interest not to the Theas but to defendant-appellee New School University (the “New School”).

The Theas commenced this action against the New School as…