Quimbee logo
DMCA.com Protection Status
From our private database of 17,600+ case briefs...

Estate of Hillowitz

Court of Appeals of New York
238 N.E.2d 723 (1968)


Abraham Hillowitz was a partner in an “investment club” (the Club). The Club’s partnership agreement provided, in part, “In the event of the death of any partner, his share will be transferred to his wife, with no termination of the partnership.” Consistent with this agreement, the investment club paid Abraham’s widow (defendant) $2,800 upon his death. The executors of Abraham’s will (plaintiffs) then petitioned the court seeking to recover Abraham’s share of the Club from his widow so that it could be included in the estate. The executors claimed that the provision transferring ownership of the share to Abraham’s widow upon his death was an ineffective attempt at a testamentary disposition. Abraham’s widow opposed the executors’ petition claiming that Abraham’s share in the club was paid to her pursuant to a valid contract. The Surrogate court denied the petition and the executors appealed to the Appellate Division which held that the Club’s partnership agreement was an ineffective attempt to make a testamentary disposition. Abraham’s widow appealed to the Court of Appeals of New York.

Rule of Law


Holding and Reasoning (Fuld, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial