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Matter of Stiles

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 8, 1996
233 A.D.2d 888 (N.Y. App. Div. 1996)

Opinion

November 8, 1996.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following

Before: Present — Denman, P.J., Pine, Fallon, Doerr and Balio, JJ.


Decedent died nine days after she and respondent executed a separation agreement containing language that "clearly and unequivocally manifests an intent on the part of the spouses that they are no longer beneficiaries under each other's wills" ( Matter of Maruccia, 54 NY2d 196, 205; cf., Matter of Chmiel, 164 Mise 2d 854; Matter of Foundas, 112 Mise 2d 973). Because the separation agreement revoked the testamentar y disposition of decedent to respondent in a joint will executed by them in 1983, the Surrogate erred in not granting petitioner's motion for summary judgment. We modify the order accordingly despite the absence of a cross appeal ( see, Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106, 110-112). (Appeal from Order of Niagara County Surrogate's Court, Hannigan, S." Summary Judgment.)


Summaries of

Matter of Stiles

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 8, 1996
233 A.D.2d 888 (N.Y. App. Div. 1996)
Case details for

Matter of Stiles

Case Details

Full title:In the Matter of the Estate of MARION O. STILES, Deceased. DONALD R…

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

Date published: Nov 8, 1996

Citations

233 A.D.2d 888 (N.Y. App. Div. 1996)
649 N.Y.S.2d 864

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