M. Bennett Marcus and Maria F. Marcus - Page 11

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               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.                




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