MATTER OF CHAKINE


273 A.D.2d 18 (2000)

709 N.Y.S.2d 400

In the Matter of the Estate of BERTHA CHAKINE, Deceased. ALAN ZELNICK, as Executor, Respondent; PAUL LOCHAK, Appellant.

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

Decided June 1, 2000.


The Surrogate correctly found that the alleged oral agreement for the making of a testamentary disposition was unenforceable, since an agreement to make a testamentary disposition of any kind must be in writing and signed by the party to be charged (EPTL 13-2.1 [a] [2]; Dombrowski v Somers, 41 N.Y.2d 858, 859).

The Surrogate also properly found that claimant failed to establish grounds for imposition of a constructive trust...

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