Surrogate Edward McCarty III
Decedent was survived by his wife, Roselyn Lublin, and two children, Debra Rosa, and Seth Lublin. Rosa objected to the will offered for probate, which left everything to Roselyn and Seth, and contained a no contest clause. She sought damages from the estate for breach of contract. Rosa argued her grandfather, Levinsky, and decedent entered into an oral agreement in which Levinsky agreed to transfer his ownership in the family business to decedent and his wife in exchange for decedent's promise he would care for Rosa as if she were his biological daughter, and ensure she received her rightful share of the family business. Seth moved to dismiss the petition for failure to state a cause of action. The court stated agreements using the terms "fair share" were "troublesome" as they may encompass a nominal or material sum depending on the "views of the person whose guess is considered." Also, the oral agreement took place in or before 1983 when the intestacy laws were different. Thus, the court noted all the ambiguities show why courts declined to enforce agreements which were too vague or indefinite. Hence, it granted Seth's motion to dismiss the breach of contract claim for failure to state a cause of action.
