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MATTER OF COVERT

97 N.Y.2d 68 (2001)

761 N.E.2d 571

735 N.Y.S.2d 879

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., Respondents, and ROBERT L. MILLARD et al., Appellants.

Court of Appeals of the State of New York.

Decided November 20, 2001.

Attorney(s) appearing for the Case

Yetter, Zalbowitz & Gartell, Binghamton (Kenneth F. Joyce and Alan M. Zalbowitz of counsel), for appellants.

Thomas, Collison & Meagher, Endicott (Joseph B. Meagher of counsel), for respondents.

Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

CIPARICK, J.

The issue on this appeal is whether the doctrine of Riggs v Palmer (115 N.Y. 506), which disallows a wrongdoer from profiting by his or her crime at the expense of the victim's estate, mandates the disinheritance of the wrongdoer's heirs and distributees, thereby negating their entitlement to an express testamentary bequest made in the victim's will. We conclude, under...

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