WIENER v. SPAHN

652735/12, 13662, 13661

129 A.D.3d 556 (2015)

10 N.Y.S.3d 436

2015 NY Slip Op 05270

EDITH WIENER, Appellant, v. LAURA SPAHN, Respondent.

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

Decided June 18, 2015.


Since the parties' mother's will contains no language indicating that noncompliance with the terms of paragraph seven will result in forfeiture of a bequest thereunder, the first cause of action, which seeks forfeiture of all bequests defendant received under paragraph seven, fails to state a cause of action (Allen v Trustees of Great Neck Free Church, 240 App Div 206 [2d Dept 1934], affd 265 N.Y. 570 [1934]).

The second cause of action, which arises...

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