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BLACKMON v. BATTCOCK

78 N.Y.2d 735 (1991)

Patricia B. Blackmon et al., Respondents, v. Estate of Elizabeth T. Battcock, Deceased, et al., Defendants, and Salesians of St. John Bosco (New Rochelle) et al., Appellants.

Court of Appeals of the State of New York.

Decided December 19, 1991.

Attorney(s) appearing for the Case

Frank C. McLaughlin, Jr., and Myron J. Meadow for appellants.

David Otis Fuller, Jr., for respondents.

Chief Judge WACHTLER and Judges ALEXANDER and TITONE concur with Judge BELLACOSA; Judge KAYE dissents and votes to affirm in a separate opinion in which Judges SIMONS and HANCOCK, JR., concur.

BELLACOSA, J.

Decedent, Elizabeth Battcock, agreed in 1971 as part of a settlement of her deceased husband's estate not to change a will she had executed in 1969. Her daughter and grandchildren claim that she breached the settlement agreement by subsequently creating Totten trust accounts for beneficiaries not named in that will. The religious and charitable beneficiaries of the disputed trust accounts appeal...

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