KOEPPEL v. KOEPPEL


268 A.D.2d 282 (2000)

701 N.Y.S.2d 382

WILLIAM W. KOEPPEL, Appellant, et al., Petitioner, v. ROBERTA L. KOEPPEL et al., as Coexecutors and Trustees of ROBERT A. KOEPPEL, Deceased, Respondents.

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

Decided January 13, 2000.


The provision of the will directing the termination of the payments in question if petitioner interfered or involved himself with any of the businesses in which the estate has an interest, or commenced litigation adverse to such interests, is not against public policy (cf., EPTL 3-3.5; see, Oliver v Wells, 254 N.Y. 451, 458-459). By requesting in his petition the dissolution of a business in which the estate held a controlling interest or, alternatively, a buy...

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