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  5. 87 N.Y.2d 998 (1996)
 

VOGT v. WITMEYER

87 N.Y.2d 998 (1996)

665 N.E.2d 189

642 N.Y.S.2d 619

Linda C. Vogt, Appellant, v. John D. Witmeyer et al., Respondents.

Court of Appeals of the State of New York.

Decided March 21, 1996.

Attorney(s) appearing for the Case

Richard G. Vogt, Rochester, for appellant.

Nixon, Hargrave, Devans & Doyle, Rochester (William S. Brandt of counsel), respondent pro se, and for John D. Witmeyer and others, respondents.

Gough, Skipworth, Summers, Eves & Trevett, P. C., Rochester (David A. Gaesser of counsel), for John Albright, respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff had been designated as a one-fifth remainder beneficiary in an August 1986 amendment to a revocable trust created by the settlor six years earlier. Unbeknownst to plaintiff, the settlor executed a fourth amendment in December 1988, removing plaintiff as beneficiary, which remained in effect at the settlor's death three years...

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