MATTER OF MIDDLEMARK


250 A.D.2d 852 (1998)

672 N.Y.S.2d 792

In the Matter of The Estate of Marvin P. Middlemark, Deceased. Madeline Middlemark, Appellant; Martin Mittelmark, Respondent

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

May 26, 1998


Ordered that the order is affirmed insofar as appealed from, with costs payable by the appellant personally.

A review of the decedent's will and the post-nuptial agreement executed by the deceased and the appellant establishes that the Surrogate properly excluded the proceeds of a certain trust fund from the decedent's net estate. The appellant's contention that the trust constituted a "testamentary substitute", which should...

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