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MATTER OF DeVITA

141 A.D.2d 46 (1988)

In the Matter of The Estate of Richard A. DeVita, Deceased. Delores D. DeVita, Respondent; Richard A. DeVita, Jr., et al., Appellants

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

September 26, 1988

Attorney(s) appearing for the Case

Farrell, Fritz, Caemmerrer, Cleary, Barnosky & Armentano, P. C. (John J. Barnosky and John R. Morken of counsel), for appellants.

Liebowitz & Peterson (R. Bertil Peterson and George Parker Lynch of counsel), for respondent.

MANGANO, J. P., BROWN and SULLIVAN, JJ., concur.

THOMPSON, J.

The principal issue presented on this appeal, apparently one of first impression, requires us to determine whether a so-called "Spreadout Plan" (hereinafter the plan) involving the payment of future commissions of a life insurance agent, is a testamentary substitute against which his surviving spouse may exercise her statutory right of election. We find...

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