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MATTER OF RIMLAND

249 A.D.2d 150 (1998)

671 N.Y.S.2d 249

In the Matter of The Estate of Aaron Rimland, Deceased. Marilyn Waxman, as Executrix of Aaron Rimland, Deceased, Appellant; Minnie Rimland, Respondent

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

April 21, 1998

As the Surrogate found after a trial of the matter, there is no evidence to establish that the Q-TIP trust created by decedent husband for petitioner wife is susceptible of being treated as a substitute for the life insurance policy decedent was required by prenuptial agreement to maintain for petitioner's benefit but which he allowed to lapse. Accordingly, it was proper to enforce the prenuptial contract against the decedent's...

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