MATTER OF MARUCCIA


54 N.Y.2d 196 (1981)

In the Matter of The Estate of Alfred J. Maruccia, Deceased. Ethelyn Maruccia et al., Respondents; Dorothy Costa et al., Appellants.

Court of Appeals of the State of New York.

Decided November 19, 1981.


Attorney(s) appearing for the Case

Asher Marcus and Peter James Johnson for Laura Maruccia and another, appellants.

Howard Bindelglass and Kim E. Baptiste for Dorothy Costa, appellant.

Robert Markewich and Gary Brown for Ethelyn Maruccia, respondent.

William S. Ellis for Camille Maruccia and another, respondents.

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


JASEN, J.

The issue on this appeal is whether the provisions of the separation agreement entered into between the decedent and his second wife are "wholly inconsistent" with the terms of the decedent's will so as to cause a revocation of the testamentary dispositions in her favor pursuant to EPTL 3-4.3. In order to resolve this question, we are required to reconsider this court's decision in Matter of Hollister...

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