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Wills, Trusts & Estates Keyed to Bonfield
Seidel v. Werner
Citation:
81 Misc.2d 220 (N.Y. Supreme Ct. 1975)Facts
Anna and Frank claim the entire remainder of Steven’s share in the Abraham L. Werner Trust No. 1 based on a Mexican divorce judgment between Steven and Harriet, dated December 9, 1963. This judgment incorporated a separation agreement from December 1, 1963, in which Steven promised in Paragraph 10 to exercise his testamentary power of appointment by creating a trust for the benefit of their children, mirroring the terms of Paragraph 9. Paragraph 9 provided that Harriet would receive the trust income after Steven’s death for the support of the children until they turned 21, at which point the children would receive the principal equally. However, on March 20, 1964, Steven executed a will leaving all his property, including that over which he had a power of testamentary disposition, to his third wife, Edith. Steven died in April 1971, and his will was admitted to probate on July 11, 1973.
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