Legal Opinion
In re the Estate of Maruccia
New York Court of Appeals
Decided November 19, 1981PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Jasen, J.
The issue on this appeal is whether the provisions of the separation agreement entered into between the decedent and his second wife are “wholly inconsistent” with the terms of the decedent’s will so as to cause a revocation of the testamentary dispositions in her favor pursuant to EPTL 3-4.3. In order to resolve this question, we are required to reconsider this court’s decision in Matter of Hollister (18 NY2d 281).
The essential facts are not in dispute. Decedent’s first marriage to Laura Maruccia produced two children, Bar*200bara and Dorothy. After divorcing Laura,…
2Cases cited11 opinions
- In re the Estate of CoffedNew York Court of Appeals · 1979
- In re the Estate of GilmourNew York Surrogate's Court · 1932
- Titus v. BassiAppellate Division of the Supreme Court of the State of New York · 1918
- In re HollisterNew York Court of Appeals · 1966
- In re SwordsNew York Surrogate's Court · 1923
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Eredics v. Chase Manhattan Bank, N.A.New York Court of Appeals · 2003
- In re the Estate of MirizziAppellate Division of the Supreme Court of the State of New York · 2002
- In re the Estate of PaveseNew York Surrogate's Court · 2002
- In Re Estate BraunsteinAppellate Division of the Supreme Court of the State of New York · 2015
- In re the Estate of ChmielNew York Surrogate's Court · 1995
6 more not listed; retrieve them via the Exa API.