MATTER OF WARYCH


55 A.D.2d 700 (1976)

In the Matter of The Estate of John Z. Warych, Deceased. Mary J. Weatherhead, Appellant; Pauline Matuszak, Respondent

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

December 2, 1976


In 1952 John and Marion Warych executed a joint will. Marion Warych died in March, 1971 and in November, 1971 John Warych executed a new will which contained provisions different from those of the joint will. Upon his death, the 1971 will was offered for probate and respondent filed objections to the final accounting of appellant as executrix under the 1971 will. The Surrogate's Court found that the joint will constituted a contract precluding the survivor of them from making...

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