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RUBENSTEIN v. MUELLER

19 N.Y.2d 228 (1967)

Wilma Rubenstein, Respondent, v. Martha L. Mueller, Also Known as Martha L. Wangemann, et al., Appellants, and Columbia Savings & Loan Association, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided March 2, 1967.

Attorney(s) appearing for the Case

Benjamin Katz for Martha L. Mueller, appellant.

Carlton A. Walls, executor of Conrad Mueller, deceased, appellant pro se.

Harry J. Stein for respondent.

Judges VAN VOORHIS, SCILEPPI, KEATING and BREITEL concur with Judge BURKE; Judge BERGAN dissents in an opinion in which Chief Judge FULD concurs.

BURKE, J.

On October 23, 1961, Bertha and Conrad Mueller, after nearly a half century of marriage, executed a joint will providing that the estate of the first to die should go to the survivor, and on the survivor's death their property should go to certain named beneficiaries. Nine months later in July of 1962, Bertha died and Conrad, pursuant to the joint will, received her entire net estate. The following...

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