MATTER OF WEISMAN


251 A.D.2d 112 (1998)

674 N.Y.S.2d 33

In the Matter of The Estate of Libby K. Weisman, Deceased. Dorothy J. Levine, Appellant; Richard S. Weisman, as Preliminary and Nominated Executor of Libby K. Weisman, Deceased, Respondent

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

June 11, 1998


There is nothing in the subject testamentary agreement between the decedent and her husband (who predeceased her), or in their 1974 wills, as modified by codicils executed in 1980, from which it can be fairly inferred that the decedent relinquished her right to dispose of assets not specifically referenced in either the agreement or the wills during her lifetime. Even an agreement that the survivor's entire estate will be left to certain beneficiaries will not necessarily...

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