HOFFMAN v. SITKOFF


297 A.D.2d 205 (2002)

745 N.Y.S.2d 539

ARTHUR S. HOFFMAN et al., as Preliminary Coexecutors of HENRY J. LEIR, Deceased, Appellants, v. ROBERT SITKOFF et al., Respondents, et al., Defendants.

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

Decided August 1, 2002.


The parties dispute the enforceability of a 1988 letter agreement in which the decedent, Henry Leir, and his wife expressed their understanding that neither of them would, without the written consent of the other, revoke or amend their reciprocal wills, dated November 13, 1987, as amended by the first codicils thereto. The Surrogate's Court does not generally have jurisdiction over the enforceability of a contract. Where though, as here, the agreement in question is inextricably...

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