In re Estate of Chakine
Cases that cite this one
2 later published cases cite this decision.
- In re Estate of Alpert (Appellate Division of the Supreme Court of New York 2007)
- Lowinger v. Lowinger (Appellate Division of the Supreme Court of New York 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order, Surrogate’s Court, New York County (Renee Roth, S.), entered on or about March 11, 1999, which granted the executor’s petition to disallow the subject claim and dismissed claimant’s cross petition to enforce said claim, unanimously affirmed, with costs.
The Surrogate correctly found that the alleged oral agreement for the making of a testamentary disposition was unenforceable, since an agreement to make a testamentary disposition of any kind must be in writing and signed by the party to be charged (EPTL 13-2.1 [a] [2]; Dombrowski v Somers, 41 NY2d 858, 859).
The Surrogate also properly found that claimant failed to establish grounds for imposition of a constructive trust, since there was no evidence that he had an interest in the property
We have considered claimant’s remaining contentions and find them unavailing. Concur — Rosenberger, J. P., Nardelli, Andrias, Saxe and Buckley, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.