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RICH v. MOTTEK

11 N.Y.2d 90 (1962)

Illa Rich, Also Known as Iselotte Rich, et al., Appellants, v. Henry Mottek et al., as Executors and Trustees of The Estate of Margaret Mottek, Deceased, Respondents.

Court of Appeals of the State of New York.

Decided March 1, 1962.

Attorney(s) appearing for the Case

Elliott J. Solomon, Frank J. Scardilli and Frederick Wallach for appellants.

Charles Feit for respondents.

Chief Judge DESMOND and Judges FROESSEL, BURKE and FOSTER concur with Judge FULD; Judge VAN VOORHIS dissents in an opinion in which Judge DYE concurs.

FULD, J.

Whether the joint will of Mr. and Mrs. Mottek constitutes a contract by each of the testators to dispose of his or her respective estate in the manner specified in such will is the question presented by this appeal.

Ludwig Louis Mottek and his wife Margaret came to this country from Germany in 1941. Some 5 years later, in March of 1946, they executed a holographic will, written in German, which...

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