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Religious Order Can’t Prevent Probate Of Nun’s Will Because of Vow of Poverty

Religious Order Can’t Prevent Probate Of Nun’s Will Because of Vow of Poverty

Religious Order Can’t Prevent Probate Of Nun’s Will Because of Vow of Poverty

Court says Congregation may have claim for breach of contract but vow doesn’t affect validity of the will itself
When Sister George Marie Attea, a long-time professed nun of the Congregation of the Sisters of St. Joseph in Buffalo, NY, died in 2014, she left a will and a probate estate of nearly $2 million, to be divided among her brothers, the husband of her deceased sister, the Congregation, and a number of Catholic charities. But the Congregation opposed the probate of her 1994 will and argued that her 1979 will leaving everything to the Congregation should be probated instead. It argued that the 1979 will was consistent with her vow of poverty and her contract to leave everything to the Congregation. A Surrogate Court has denied the motion. ( In re: Estate of Attea , Surrogate’s Court, Erie County...

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