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MATTER OF PHINNEY

251 A.D.2d 1048 (1998)

673 N.Y.S.2d 621

In the Matter of The Estate of Milford L. Phinney, Deceased, Respondent. Edward W. Riley, as Guardian ad Litem of Lewis B. Phinney and Another, Infants, et al., Appellants; Elizabeth M. Phinney, as Executrix, Respondent. (Appeal No. 1.)

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

June 10, 1998

Order unanimously affirmed without costs.

Memorandum:

Because it does not appear from the separation agreement that the parties intended to continue their obligations post mortem and the children were provided with alternative means of support, we conclude that the obligations of decedent set forth in the separation agreement terminated at the time of death (see, Matter of Riconda, 90 N.Y.2d 733

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