SCHWARTZ v. HORN


31 N.Y.2d 275 (1972)

Joan Schwartz, Appellant, v. Jeffrey Horn et al., Respondents, and "John Doe" et al., Defendants.

Court of Appeals of the State of New York.

Decided November 2, 1972.


Attorney(s) appearing for the Case

Joan Schwartz, appellant, pro se.

Louis Haimoff and George Stiefel for respondents.

Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.


Chief Judge FULD.

This appeal, which involves mutual wills, calls upon us to decide whether the surviving testator, who had agreed to devise a specific piece of property to named beneficiaries, is privileged to make an inter vivos gift of that same property to a third party.

On March 18, 1958, Alfred Horn and his wife Rose executed mutual wills. The former's will provided that it "is drawn and...

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