For Your Data Estate Of Hillowitz Example Brief
July 21, 2020
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Estate of Hillowitz case brief summary
238 N.E.2d 723 (1968)
CASE FACTS
This appeal arose from a uncovering proceeding brought inwards the surrogate courtroom past times the executors of decedent's estate against the widow. The married adult man had been a partner inwards an investment club, in addition to later his death, the club, pursuant to a provision of the partnership agreement, paid the widow a for certain kernel representing his involvement inwards the partnership. The understanding provided that inwards the number of the expire of whatever partner, his portion would endure transferred to his married adult woman amongst no result of the partnership. The executors contended that the to a higher house provision was an invalid essay to brand a testamentary disposition of property. The widow maintained that it was a valid in addition to enforceable contract. The surrogate courtroom agreed amongst the widow, only the appellate courtroom held that the understanding was invalid equally an attempted testamentary disposition.
DISCUSSION
CONCLUSION
The courtroom reversed a determination of the appellate courtroom in addition to reinstated a decree of the surrogate courtroom dismissing the petition for an monastic say directing the widow to deliver for certain partnership belongings to the executors of decedent's estate.
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238 N.E.2d 723 (1968)
CASE SYNOPSIS
Appellant widow sought review of an monastic say of the Appellate Division of the Supreme Court inwards the Second Judicial Department (New York) that reversed a surrogate courtroom decree dismissing a petition for an monastic say directing appellant to deliver for certain partnership belongings to appellees, executors of decedent's estate, in addition to remitting the affair for farther proceedings.CASE FACTS
This appeal arose from a uncovering proceeding brought inwards the surrogate courtroom past times the executors of decedent's estate against the widow. The married adult man had been a partner inwards an investment club, in addition to later his death, the club, pursuant to a provision of the partnership agreement, paid the widow a for certain kernel representing his involvement inwards the partnership. The understanding provided that inwards the number of the expire of whatever partner, his portion would endure transferred to his married adult woman amongst no result of the partnership. The executors contended that the to a higher house provision was an invalid essay to brand a testamentary disposition of property. The widow maintained that it was a valid in addition to enforceable contract. The surrogate courtroom agreed amongst the widow, only the appellate courtroom held that the understanding was invalid equally an attempted testamentary disposition.
DISCUSSION
- On appeal, the courtroom reversed the judgment of the appellate courtroom in addition to reinstated the surrogate courtroom decision.
- The courtroom works life that a partnership understanding that provided upon the expire of 1 partner that his involvement would transcend to the surviving partner was unquestionably valid in addition to could non endure defeated past times labeling it a testamentary disposition.
CONCLUSION
The courtroom reversed a determination of the appellate courtroom in addition to reinstated a decree of the surrogate courtroom dismissing the petition for an monastic say directing the widow to deliver for certain partnership belongings to the executors of decedent's estate.
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