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MATTER OF HOLLISTER

18 N.Y.2d 281 (1966)

In the Matter of Carol I. Hollister, Deceased. Paul M. Hollister, Appellant; Arthur R. Boyd, as Executor of Daisy L. Irwin, Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 20, 1966.

Attorney(s) appearing for the Case

Joseph Calderon and William Baronoff for appellant.

Arthur D. Zinberg and George Zinberg for respondents.

Chief Judge DESMOND and Judges FULD, BURKE, SCILEPPI and BERGAN concur with Judge VAN VOORHIS; Judge KEATING concurs in result in a separate opinion.

VAN VOORHIS, J.

On January 26, 1945, testatrix executed a will in which she bequeathed all her property to her husband and named him executor. In October, 1954, testatrix and her husband entered into a separation agreement wherein they waived rights in each other's estates. On February 4, 1955, the testatrix obtained an Alabama divorce. The decree of divorce incorporated the provisions of the separation agreement...

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