MATTER OF WIERZBIENIEC


93 A.D.2d 978 (1983)

In the Matter of The Estate of Teofil Wierzbieniec, Deceased

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

April 1, 1983


Decree unanimously modified and as modified, affirmed, with costs to respondent, in accordance with the following memorandum: Petitioners appeal from a decree of Surrogate's Court which held that the May, 1959 joint reciprocal will executed by decedent and his wife was not a contract between the parties and which further determined that decedent was free to do anything that he wished with his real and personal property. The second paragraph of the 1959 instrument provided...

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