MATTER OF AQUILINO


53 Misc.2d 811 (1967)

In the Matter of The Estate of Salvatore Aquilino, Deceased.

Surrogate's Court, Nassau County.

May 24, 1967


Attorney(s) appearing for the Case

Robinson & Henson (Russell W. Jackson of counsel), for petitioner. Leon Shaw, special guardian, for Anthony Hanrahan, an infant. Joseph P. Hoey, United States Attorney (Joseph Rosenzweig of counsel), for claimant. Louis J. Lefkowitz, Attorney-General, for State of New York, claimant.


JOHN D. BENNETT, S.

This is a construction proceeding to determine whether or not a joint and mutual will executed by the decedent and his surviving spouse contains a binding contract wherein the parties agreed that the survivor would not revoke the will.

Under articles "Second" and "Third", the will provides:

"Second: Upon the death of one of us leaving the other of us surviving, all the property...

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