Estate of Hillowitz
Court of Appeals of New York
238 N.E.2d 723 (1968)
Relevant factsFree
Hillowitz's investment-club partnership agreement provided that upon any partner's death, his share would transfer to his wife without terminating the partnership, and consistent with that provision, the club paid Hillowitz's widow (defendant) $2,800 upon his death; his estate's executors (plaintiffs) sued to recover that sum for the estate, arguing the provision was an ineffective attempt at testamentary disposition that failed to comply with the statute of wills, and the Appellate Division agreed.
IssueFree
Whether a provision in a partnership agreement that passes the share of a partner to his spouse upon his death is subject to the requirements of the statute of wills.