United States Second Circuit

In this case involving the distribution of disputed funds of a decedent ex-spouse, the 2nd circuit court of appeals certifies the following questions to the New York Court of Appeals: 1) whether a governing-law provision that states that the contract will be governed by and construed in accordance with the laws of the State of new York, in a contract not consummated pursuant to New York General Obligations Law section 5-1401, requires the application of New York Estates, Powers & Trusts Law section 3-5.1(b)(2), a New York statute that may, in turn, require application of the law of another state; and 2) if yes to the first question, whether a person's entitlement to proceeds under a death benefit or retirement plan, paid upon the death of the person making the designation, constitutes "personal property not disposed of by will" within the meaning of section 3-5.1(b)(2).

Appellate Information

• Decided 03/05/2015
• Published 03/05/2015

Judges

• Katzmann

Court

• United States Second Circuit

Counsel