GLASS v. BATTISTA


43 N.Y.2d 620 (1978)

Corinne E. Glass et al., Respondents, v. Giuseppe Battista, Also Known as Joseph Battista, et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided February 16, 1978.


Attorney(s) appearing for the Case

Leonard A. Weiss, David Avstreih and Steven L. Kroleski for Giuseppe Battista, appellant.

Harvey Felton and Joseph R. Zibelli for Joseph Battista and another as executors, appellants.

Sidney B. Silverman and Martin H. Olesh for respondents.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


JASEN, J.

On this appeal we are asked to determine whether the joint will of a husband and wife embodies an agreement by each of the testators to dispose of their respective estates in the manner specified in such will.

On March 18, 1966, Michael and Rose De Filippo, husband and wife, executed a joint reciprocal will which provided in part:

"THIRD: We give to the survivor of us all our property...

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