THEA v. KLEINHANDLER

Docket No. 14-3201.

807 F.3d 492 (2015)

Donald M. THEA, Deborah L. Thea, Plaintiffs-Appellants, v. Neil C. KLEINHANDLER, As Trustee of the Frederica Fisher Thea Revocable Trust, New School University, Eric T. Schneiderman, Attorney General of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 3, 2015.


Attorney(s) appearing for the Case

Anthony J. Viola ( Zachary W. Silverman , on the brief), Edwards Wildman Palmer LLP, New York, NY, for Plaintiffs-Appellants.

Bruce J. Turkle ( Perry S. Galler , on the brief), Phillips Nizer LLP, New York, NY, for Defendant-Appellee Neil C. Kleinhandler, Individually and as Trustee of the Frederica Fisher Thea Revocable Trust.

Marcy Ressler Harris , Schulte Roth & Zabel LLP, New York, NY, for Defendant-Appellee New School University.

Jason Harrow , Assistant Solicitor General, ( Barbara D. Underwood , Solicitor General, and Claude S. Platton , Assistant Solicitor General, on the brief), for Eric T. Schneiderman , Attorney General of the State of New York, New York, NY, for Defendant-Appellee Attorney General of the State of New York.

Before: JACOBS and CHIN, Circuit Judges, and WOLFORD, District Judge.


In this case, Stanley Thea ("Stanley") and Frederica Thea ("Frederica") agreed to and did execute mutual wills providing for each other's assets to pass to the survivor and, upon the death of the survivor, to Stanley's children from a prior marriage, Donald Thea and Deborah Thea (the...

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