- 11 -11 the cases decided in accord with it are all instances of this kind. * * * The basis of the family agreement was therefore not the standing of an heir or heirs to contest the will as a whole, or of a beneficiary under a previous will to question a provision of a later will. Rather, it was the standing of each, as a beneficiary under the executed will, to agree upon a disposition of the property bequeathed and devised to all of them thereunder in a manner different from that provided in the will. The resulting agreement was nothing more than a voluntary rearrangement of property interests acquired under an admittedly valid will, concluded without duress of unsatisfied claims. * * * [Commissioner v. Estate of Vease, supra at 86-87; emphasis added; fn. ref. omitted.] There is evidence in the record to support both interpretations, a "bona fide challenge" and a "voluntary rearrangement of property interests". However, we are not forced to choose between them as respondent has, in effect, already conceded this issue in the pleadings in which she admits: 5a. * * * As a substitute for a bequest of property from Fulvio Suvich to Maria F. Marcus and in settlement of all claims which Maria F. Marcus had against the estate of Fulvio Suvich (the "Estate"), his heirs agreed to pay Maria F. Marcus a portion of the Estate when and as it was liquidated. The estate settlement agreement ("Settlement Agreement") was evidenced by a written agreement dated August, 1980. [Emphasis added.] 5b. In 1990, Maria F. Marcus received US $37,898.00 from the Estate pursuant to the Settlement Agreement. We will not ignore pleadings of fact that are not directly contradicted by the record: "Such admissions of fact are binding upon this Court and the parties to the action." Shea Co. v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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