1 A.D.2d 1012 | N.Y. App. Div. | 1956
In 1937, Salvatore Azzara and Rosalie Azzara, husband and wife, purchased a house in. Queens County, as tenants by the entirety. In 1942, they made a joint will giving their property equally to their son Charles (now deceased) and their daughter Frances, the defendant herein. Salvatore died in 1949. The son Charles died intestate on August 31, 1953, leaving him surviving his wife, plaintiff herein, and a child. Plaintiff was appointed administratrix of Charles’ estate. On September 9, 1953, Rosalie conveyed the property involved herein to defendant. Rosalie died on November 5, 1953. In August, 1954, on petition of plaintiff, the joint will was probated without ohjeetion on the part of defendant, and letters testamentary were issued to her as surviving executrix. Plaintiff commenced the instant action to set aside the conveyance from Rosalie to defendant, and for other relief, as being in violation of the joint will, and moved for summary judgment or, in the. alternative, for judgment on the pleadings,