PENROSE v. PENROSE


17 A.D.3d 847 (2005)

793 N.Y.S.2d 579

COLLEEN M. PENROSE, Appellant-Respondent, v. ORVAL W. PENROSE, Respondent-Appellant.

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

April 14, 2005.


Carpinello, J.

The parties to this action were married in 1958. In 1985, a separation agreement between them was incorporated but not merged into a judgment of divorce. Thereafter, by an "Agreement and Waiver" dated August 2, 1993, plaintiff waived all of her rights under the divorce decree in exchange for specific bequests as then set forth in a will executed by defendant that same day. Defendant agreed not to modify this will without plaintiff's written consent...

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