Wedding-bell blues.

The parties entered into a prenuptial agreement which stipulated, among other things, that they would execute their respective wills leaving to the other at least 1/3 of their gross estates, and waiving their elective shares. Four years after they were married, they divorced, and plaintiff sued to compel defendant's compliance with the agreement as to their wills. The Second Department found for defendant, in Genovese v. Axel, which was decided on May 8, 2007. The court noted that the provision in question was headed "Release of Rights" and that it made specific reference to "surviving spouse" and "deceased spouse," clearly indicating the parties' intention that, if they were no longer married, the provision would be of no effect.