MATTER OF KEOUGH

328 CA 20-00519.

196 A.D.3d 160 (2021)

150 N.Y.S.3d 449

2021 NY Slip Op 03948

In the Matter of the Estate of KATHERINE E. KEOUGH, Deceased. ELEANOR SCHWARZ BEAMER, Appellant; SUE S. STEWART, Respondent.

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

Decided June 17, 2021.


Attorney(s) appearing for the Case

Brenna Boyce PLLC, Rochester ( David C. Sieling of counsel), for appellant.

Ward Greenberg Heller & Reidy LLP, Rochester ( Eric J. Ward of counsel), for respondent.

PERADOTTO, CURRAN, WINSLOW and DEJOSEPH, JJ. concur.


OPINION OF THE COURT

Introduction

The issue raised in this appeal is whether assets acquired by a testator's estate after the death of the testator should be distributed pursuant to the terms of a will or by the laws of intestacy. We conclude that the after-acquired assets must pass by intestacy.

Facts and...

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