MTR. OF ESTATE OF BARDOL


51 A.D.2d 341 (1976)

In the Matter of The Estate of Edgar J. Bardol, Deceased. Elizabeth A. Bardol, Appellant; Elma Schwartz et al., as Executors of Edgar J. Bardol, Deceased, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 2, 1976


Attorney(s) appearing for the Case

Condon, Klocke, Ange, Gervase & Sedita (Grace Marie Ange of counsel), for appellant.

Burke & Burke (Thomas Burke of counsel), for respondents.

William A. Sari for Charles S. Bardol.

Carmen S. Pino for Frank S. Bardol.

Brown, Maloney, Gallup, Roach & Busteed (Daniel Roach of counsel), for Bette B. Molony.

MARSH, P.J., MOULE, MAHONEY and GOLDMAN, JJ., concur.


DILLON, J.

Claimant appeals from an order of Surrogate's Court determining that her support payments pursuant to a separation agreement terminated with the death of her husband. The sole issue presented relates to the intent of the parties at the time the agreement was executed.

Claimant and her former husband were married in 1948. In 1967 they entered into a separation agreement which included among...

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