MATTER OF COVERT


279 A.D.2d 48 (2000)

717 N.Y.S.2d 392

In the Matter of the Estates of KATHLEEN L. COVERT and Another, Deceased. KELLY HAWLEY, as Executor of KATHLEEN L. COVERT and Another, Deceased, Petitioner; EDWARD F. COVERT et al., Appellants, and ROBERT L. MILLARD et al., Respondents.

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

December 7, 2000.


Attorney(s) appearing for the Case

Thomas, Collison & Meagher, Endicott (Joseph P. Meagher of counsel), for appellants.

Hinman, Howard & Kattell, Binghamton (Vincent P. Vetrano of counsel), for petitioner.

Yetter, Zalbowitz & Gartell, Binghamton (Kenneth Joyce, Buffalo, of counsel), for respondents.

MERCURE, J.P., CREW III, MUGGLIN and LAHTINEN, JJ., concur.


OPINION OF THE COURT

ROSE, J.

On April 3, 1998, Edward M. Covert (hereinafter the husband) shot and killed his wife, Kathleen L. Covert (hereinafter the wife). Approximately three minutes later he ended his own life. A joint will executed by the husband and wife in 1995 provided that, upon the death of the first spouse, the surviving spouse was to inherit all of the property. Upon the death of the survivor, certain specified property was to pass to the wife...

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