Sometimes a testator makes a will disposing of a particular asset and later enters into an agreement to convey that same asset. NY EPTL 3-4.2 addresses the legal effect of that later agreement on the earlier testamentary disposition.
The Statutory Rule
§ 3-4.2. Agreement to convey property previously disposed of by will not a revocation
An agreement made by a testator to convey any property does not revoke a prior testamentary disposition of such property; but such property passes under the will to the beneficiaries, subject to whatever rights were created by such agreement.
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