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MATTER OF MANGIACAVALLO

173 A.D.2d 471 (1991)

In the Matter of The Estate of Catherine Mangiacavallo, Deceased. Diane M. Tsokos, Appellant; Gino Mangi, Also Known as Gino Mangiacavallo, Individually and as Executor of Catherine Mangiacavallo, et al., Respondents

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

May 6, 1991

Ordered that the order is affirmed, with costs payable by the appellant personally to the respondent Mangi.

The issue on appeal is whether a joint will executed by the decedent and her husband, John Mangiacavallo, on January 5, 1959, contractually bound the survivor to dispose of his or her estate in the manner specified in the joint will. The second paragraph of the joint will provides that "I, JOHN MANGIACAVALLO, give, devise and bequeath all my property...

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