MATTER OF RATTNER

3427/12-1872.

117 A.D.3d 603 (2014)

985 N.Y.S.2d 872

2014 NY Slip Op 3758

In the Matter of MILTON S. RATTNER, Deceased. DAWN RATTNER et al., Appellants; RUTH KOPPEL RATTNER, Respondent.

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

Decided May 22, 2014.


Standing is a preliminary matter that should be determined prior to a will contest (see Matter of Cook, 244 N.Y. 63, 72 [1926]). Here, the wife has standing to challenge the transfer of the apartment and personalty bequeathed to her subsequent to the execution of the prenuptial agreement (see SCPA 702 [8], [9]; 1410). Moreover, the prenuptial agreement expressly provides that the parties could confer later benefits on each other. Thus, the court properly Decided...

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