Estate Of Hillowitz

22 N.Y. 2d 107, 238 N.E. 2d 723, 291 N.Y.S. 2d 325 (1968)

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Nature of the Case

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Facts

Testator was a partner in an investment club. The club's partnership agreement provided that, upon the death of a member, his interest in the club would be transferred directly to his widow. Upon testator's death, the club paid his widow (D) a sum representing his interest in the partnership, in accordance with the partnership agreement. The executors of testator's will (P) challenged the payment as an invalid testamentary disposition. The Surrogate upheld the payment, but the Appellate Division held that the provision in the partnership agreement which authorized the payment was invalid. The widow appeals.