Matter of Murray

In 1993, longtime spouses Sandra Murray and Jerome Murray (plaintiff) executed a joint will. It stated that upon the first spouse’s death, that spouse’s entire estate and any property over which that spouse held a power of disposal would pass to the surviving spouse. The will also stated that it could be revoked or modified only by a signed writing executed by both parties, meaning that once the first spouse died, the will became irrevocable and unalterable. In 2001, Sandra and Jerome divorced. They executed a settlement agreement that reaffirmed the joint will’s ongoing validity. The divorce decree awarded a condominium to Sandra. After the divorce, Sandra conveyed title to the condo to a newly created, irrevocable trust. The trust document named Sandra and her son-in-law, Ivan Kline (defendant), as cotrustees and gave Sandra a power of appointment, meaning that she had the right to specify how the condo would be distributed upon her death. In 2007, Sandra duly executed a will with a singular substantive provision stating that, upon her death, the condo was to be distributed in equal shares to her and Jerome’s four children, one of whom was Ivan’s wife, Karen Kline (defendant). After Sandra’s death in 2008, Jerome petitioned for probate of the joint will. He then commenced a turnover proceeding, seeking an order requiring Ivan, as the trustee, to deliver title to the condo to Sandra’s estate for distribution under the joint will. The Klines objected, claiming that the condo was not part of Sandra’s estate subject to the joint will. They also petitioned for probate of Sandra’s 2007 will. When ruling on cross motions for summary judgment, the surrogate court admitted the joint will to probate, directed Ivan to deliver title to the condo to the estate, and denied probate of Sandra’s 2007 will. The Klines appealed.