MATTER OF GREIFF


92 N.Y.2d 341 (1998)

703 N.E.2d 752

680 N.Y.S.2d 894

In the Matter of The Estate of Herman Greiff, Deceased. Helen Greiff, Appellant; Wallace J. Greiff et al., Respondents.

Court of Appeals of the State of New York.

Decided October 27, 1998.


Attorney(s) appearing for the Case

Miller and Korzenik, L. L. P., New York City (Jeffrey Craig Miller of counsel), for appellant.

Ronnie M. Schindel, New York City, and Stanley M. Nagler for respondents.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK and WESLEY concur.


BELLACOSA, J.

This appeal raises the question whether the special relationship between betrothed parties, when they execute a prenuptial agreement, can warrant a shift of the burden of persuasion bearing on its legality and enforceability. A party challenging the judicial interposition of a prenuptial agreement, used to defeat a right of election, may demonstrate by a preponderance of the evidence that the premarital...

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