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Matter of Gilbert v. McCormack

Appellate Division of the Supreme Court of New York, First Department
Mar 16, 1993
191 A.D.2d 277 (N.Y. App. Div. 1993)

Opinion

March 16, 1993

Appeal from the Surrogate's Court, New York County (Eve Preminger, S.).


This is an action by the executors of the estate of Jack McCormack to determine the validity of the claim of his former wife, Katherine McCormack, seeking the continuation of the payment of medical insurance premiums pursuant to a judgment of divorce entered by the Supreme Court in 1982.

The Surrogate in rejecting the claim against the estate, held that the claimant's reliance on the judgment of divorce of 1982 was misplaced on the ground there was no agreement that the husband's obligations to make support payments to his former wife would continue after his death. The court concluded that the executors had properly rejected claimant's claim for the continuation of payments.

However, while the divorce judgment expressly releases the estate from any obligation to make support payments or maintenance to the claimant after the death of the husband, it expressly states that decedent "shall purchase and maintain, throughout the lifetime of Katherine McCormack" a policy providing health and hospital care benefits (emphasis added). This statement and the tenor of the judgment reflect an intent to obligate the estate to the payment of the medical premiums even after the death of the husband (see, Cohen v. Cronin, 39 N.Y.2d 42, 47).

Concur — Carro, J.P., Milonas, Ellerin and Asch, JJ.


Summaries of

Matter of Gilbert v. McCormack

Appellate Division of the Supreme Court of New York, First Department
Mar 16, 1993
191 A.D.2d 277 (N.Y. App. Div. 1993)
Case details for

Matter of Gilbert v. McCormack

Case Details

Full title:In the Matter of SAMUEL J. GILBERT et al., as Coexecutors of JACK R…

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

Date published: Mar 16, 1993

Citations

191 A.D.2d 277 (N.Y. App. Div. 1993)
595 N.Y.S.2d 22