Appellate Division of the Supreme Court of New York, 1998

In re the Estate of Phinney

In re the Estate of Phinney
Appellate Division of the Supreme Court of New York · Decided June 10, 1998
251 A.D.2d 1048; 673 N.Y.S.2d 621; 1998 N.Y. App. Div. LEXIS 7127
In re the Estate of Phinney

Opinion of the Court

—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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