In re the Estate of Phinney

Appellate Division of the Supreme Court of New York

In re the Estate of Phinney

251 A.D.2d 1048, 673 N.Y.S.2d 621, 1998 N.Y. App. Div. LEXIS 7127

Appellate Division of the Supreme Court of the State of New York·Decided June 10, 1998·No. Appeal No. 1·Published·Cited by 1 cases

Opinion

—Order unanimously affirmed without costs. Memorandum: Because it does not appear from the separation agreement that the parties intended to continue their obligations post mortem and the children were provided with alternative means of support, we conclude that the obligations of decedent set forth in the separation agreement terminated at the time of death (see, Matter of Riconda, 90 NY2d 733, 738-739). (Appeals from Order of Orleans County Surrogate’s Court, Noonan, S. — Support.) Present — Denman, P. J., Hayes, Pigott, Jr., Balio and Fallon, JJ.

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—Order unanimously affirmed without costs. Memorandum: Because it does not appear from the separation agreement that the parties intended to continue their obligations post mortem and the children were provided with alternative means of support, we conclude that the obligations of decedent set forth in the separation agreement terminated at the time of death (see, Matter of Riconda, 90 NY2d 733, 738-739). (Appeals from Order of Orleans County Surrogate’s Court, Noonan, S. — Support.) Present — Denman, P. J., Hayes, Pigott, Jr., Balio and Fallon, JJ.

In re the Estate of Phinney, 251 A.D.2d 1048, 673 N.Y.S.2d 621, 1998 N.Y. App. Div. LEXIS 7127 (N.Y. Ct. App. 1998).

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Opinion

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