In Re the Estates of Covert, 761 N.E.2d 571 (NY 2001). · Go Syfert
In Re the Estates of Covert, 761 N.E.2d 571 (NY 2001). Cases Citing This Book View Copy Cite
178 citation events (178 in the last 25 years) across 22 distinct courts.
Strongest positive: SCW West LLC v. Westport Insurance (nyed, 2012-04-17)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) SCW West LLC v. Westport Insurance (3×) also: Cited as authority (quoted)
E.D.N.Y · 2012 · quote attribution · 3 verbatim quotes · confidence high
insurance pol icies are, in essence, creatures of contract, and accordingly, subject to principles of contract interpretation.
examined Cited as authority (quoted) Principal Life Insurance Company v. Brand (3×)
E.D.N.Y · 2021 · quote attribution · 3 verbatim quotes · confidence low
insurance policies are, in essence, creatures of contract, and accordingly, subject to principles of contract interpretation
examined Cited as authority (quoted) AFS/IBEX v. AEGIS Managing Agency Limited
E.D.N.Y · 2021 · quote attribution · 1 verbatim quote · confidence low
contracts of insurance, like other contracts, are to be construed according to the sense and meaning of the terms which the parties have used, and if they are clear and unambiguous the terms are to be taken and understood in their plain, ordinary and proper sense.
discussed Cited as authority (rule) Town of Harrietstown v. Westchester Fire Ins. Co.
2d Cir. · 2026 · confidence medium
“Insurance policies are, in essence, creatures of contract, and accordingly, subject to principles of contract interpretation.” In re Estates of Covert & Another, 97 N.Y.2d 68, 76 (2001); see also Christiania Gen.
cited Cited as authority (rule) Commissioners of the State Insurance Fund v. Hainesport Transportation Group LLC; Hainesport Transportation Group LLC v. Doing It Right Technologies LLC; DJM Transport, LLC; and RTL Industries LLC
E.D.N.Y · 2026 · confidence medium
In re Estates of Covert, 761 N.E.2d 571, 576 (N.Y. 2001); Comm’rs of State Ins.
discussed Cited as authority (rule) Matter of DePonceau (2×)
N.Y. Surr. Ct., Monroe Cty. · 2026 · confidence medium
Thus, the Court of Appeals in Matter of Covert ( 97 NY2d 68, 74 [2001]) stated that "we have never applied the doctrine to cause a wrongdoer's forfeiture of a vested (emphasis added) property interest," and that " public policy, as embodied in Civil Rights Law § 79-b,[ [FN2] ] militates against application of Riggs as a means of effecting a proprietary forfeiture." Likewise, in Matter of Mathew ( 270 AD2d 416, 417 [2d Dept 2000]), where the husband killed his wife and was convicted of murder, the court held that the husband was entitled to "the commuted value of a life estate in one-half of t…
discussed Cited as authority (rule) Commonwealth Insurance Co. v. 2610 Cropsey Development Corp.
E.D.N.Y · 2025 · confidence medium
In re Ests. of Covert, 97 N.Y.2d 68, 75 , 735 N.Y.S.2d 879, 884 (2001). “[L]ike other contracts,” insurance policies “are to be construed according to the sense and meaning of the terms which the parties have used, and if they are clear and unambiguous the terms are to be taken and understood in their plain, ordinary and proper sense.” Id. at 76 (citation omitted).
discussed Cited as authority (rule) MBO v. Old Republic Insurance Company
E.D.N.Y · 2025 · confidence medium
In re Estates of Covert, 761 N.E.2d 571, 576 (N.Y. 2001). “[L]ike other contracts,” insurance policies “are to be construed according to the sense and meaning of the terms which the parties have used, and if they are clear and unambiguous the terms are to be taken and understood in their plain, ordinary and proper sense.” Id. at 576–77 (citation and quotation marks omitted).
discussed Cited as authority (rule) Travelers Property Casualty Company of America v. Clear Blue Insurance Company
S.D.N.Y. · 2024 · confidence medium
“Insurance policies” are “in essence, creatures of contract,” In re Estates of Covert, 97 N.Y.2d 68, 76 (2001), and accordingly, “interpreted [based on] general rules of contract interpretation.” Olin Corp. v. Am.
discussed Cited as authority (rule) Rothman v. Complete Packaging & Shipping Supplies, Inc.
E.D.N.Y · 2024 · confidence medium
“Insurance policies are, in essence, creatures of contract, and, accordingly, subject to principles of contract interpretation.” In the Matter of the Estates of Covert and Another, 97 N.Y.2d 68, 76 (2001).
cited Cited as authority (rule) Colony Insurance Company v. Southwest Marine and General Insurance Company
S.D.N.Y. · 2024 · confidence medium
Co., 679 F. Supp. 2d 432, 435 (S.D.N.Y. 2009) (quoting In re Ests. of Covert, 97 N.Y.2d 68, 76 (2001) (internal quotation marks omitted)).
cited Cited as authority (rule) Tzumi Electronics LLC v. The Burlington Insurance Company
S.D.N.Y. · 2024 · confidence medium
Co., 679 F. Supp. 2d 432, 435 (S.D.N.Y. 2009) (internal quotation marks omitted) (citing In re Estates of Covert, 97 N.Y.2d 68, 76 (2001)).
cited Cited as authority (rule) Bryce Corporation v. XL Insurance America, Inc.
S.D.N.Y. · 2023 · confidence medium
Co., 679 F. Supp. 2d 432, 435 (S.D.N.Y. 2009) (internal quotation marks omitted) (citing In re Estates of Covert, 97 N.Y.2d 68, 76 (2001)).
discussed Cited as authority (rule) U.S. Specialty Insurance Company v. Massachusetts Bay Insurance Company
S.D.N.Y. · 2023 · confidence medium
Interpretation of Insurance Policies “Insurance policies are, in essence, creatures of contract, and, accordingly, subject to principles of contract interpretation.” In re Ests. of Covert, 97 N.Y.2d 68, 76 (2001).
discussed Cited as authority (rule) The Phoenix Insurance Company v. Hudson Excess Insurance Company
S.D.N.Y. · 2023 · confidence medium
The Court addresses each argument in turn. i. The “Additional Insured” Provision Before beginning its analysis of the “additional insured” provision of the Hudson Primary Policy, the Court notes that “[i]nsurance polices are, in essence, creatures of contract, and, accordingly, subject to principles of contract interpretation.” In re Ests. of Covert, 761 N.E.2d 571, 576 (N.Y. 2001); see also Crescent Beach Club LLC v. Indian Harbor Ins.
discussed Cited as authority (rule) City of New York v. Philadelphia Indemnity Insurance Company
S.D.N.Y. · 2023 · confidence medium
The Applicable Law Under New York law,11 “[i]nsurance policies are, in essence, creatures of contract, and accordingly, subject to principles of contract interpretation.” In re Estates of Covert, 97 N.Y.2d 68, 76 (2001); see also Lepore v. Hartford Fire Ins.
cited Cited as authority (rule) 622 Third Avenue Company, L.L.C v. National Fire Insurance Company of Hartford
S.D.N.Y. · 2022 · confidence medium
Co., 679 F. Supp. 2d 432, 435 (S.D.N.Y. 2009) (internal quotation marks omitted) (quoting In re Estates of Covert, 97 N.Y.2d 68, 76 (2001)).
cited Cited as authority (rule) 34-06 73 v. Seneca Insurance Company
NY · 2022 · confidence medium
Also well-established is our treatment of an insurance policy as a contract, “subject to principles of contract interpretation” (Matter of Covert, 97 NY2d 68, 76 [2001]).
discussed Cited as authority (rule) New York Life Insurance Company v. Oldham
W.D.N.Y. · 2022 · confidence medium
Ct. 2006) (“It is well established law that one who takes the life of another should not be permitted to profit from his own wrong and shall be barred from inheriting from the person slain.”); In re Ests. of Covert, 97 N.Y.2d 68, 74 (2001) (noting that the law prevents “wrongdoers from acquiring a property interest, or otherwise profiting from their own wrongdoing”).
discussed Cited as authority (rule) COLONY INSURANCE COMPANY v. ASPEN SPECIALTY INSURANCE COMPANY
D.N.J. · 2021 · confidence medium
Co., 679 F. Supp. 2d 432, 435 (S.D.N.Y. 2009) (“Insurance policies are, in essence, creatures of contract, and accordingly, subject to principles of contractual interpretation.”) (quoting In re Covert, 761 N.E.2d 571, 576 (N.Y. 2001))); Chubb Custom Ins.
cited Cited as authority (rule) Covington Specialty Insurance Company v. Potter
N.D.N.Y. · 2021 · confidence medium
“Insurance policies are, in essence, creatures of contract, and accordingly, subject to principles of contract interpretation.” In re Estates of Covert, 97 N.Y.2d 68, 75 (N.Y. 2001).
discussed Cited as authority (rule) Prospect Capital Corp. v. Lathen
N.Y. App. Div. · 2021 · confidence medium
First, during the life of the tenancy, each tenant is entitled to one-half of the assets, even if only one tenant may have established and contributed to the asset ( see Matter of Covert , 97 NY2d 68, 75 [2001]; Fortgang v Katz , 134 AD3d 636 [1st Dept 2015]).
discussed Cited as authority (rule) Prospect Capital Corp. v. Lathen
N.Y. App. Div. · 2021 · confidence medium
First, during the life of the tenancy, each tenant is entitled to one-half of the assets, even if only one tenant may have established and contributed to the asset ( see Matter of Covert , 97 NY2d 68, 75 [2001]; Fortgang v Katz , 134 AD3d 636 [1st Dept 2015]).
discussed Cited as authority (rule) Starr Indemnity & Liability Company v. Excelsior Insurance Company
S.D.N.Y. · 2021 · confidence medium
Co., 210 N.J. 512, 525 (2012) (“The terms of insurance contracts are given their plain and ordinary meaning, with ambiguities resolved in favor of the insured.” (internal quotation marks and citations omitted)). 12 omitted) (quoting In re Estates of Covert, 97 N.Y.2d 68, 76 (2001)).
cited Cited as authority (rule) Philadelphia Indemnity Insurance Company v. Streb Inc
S.D.N.Y. · 2020 · confidence medium
Co., 679 F. Supp. 2d 432, 435 (S.D.N.Y. 2009) (internal quotation marks omitted) (quoting In re Estates of Covert, 97 N.Y.2d 68, 76 (2001)).
cited Cited as authority (rule) Bryant v. General Casualty Company of Wisconsin
N.D.N.Y. · 2020 · confidence medium
Co. v. Stewart, 198 F. Supp. 3d 4, 11 (N.D.N.Y. 2016) (quoting In re Estates of Covert, 97 N.Y.2d 68, 75 (N.Y. 2001)).
discussed Cited as authority (rule) Spandex House, Inc. v. HartFord Fire Insurance Company
S.D.N.Y. · 2019 · confidence medium
Under New York law, “[i]nsurance policies are, in essence, creatures of contract, and, accordingly, subject to principles of contract interpretation.” In re Estates of Covert, 97 N.Y.2d 68, 76 (2001); see also Lepore v. Hartford Fire Ins.
discussed Cited as authority (rule) Christophe Law Group, P.C. v. Kokomani
N.Y. App. Term. · 2017 · confidence medium
This informal dispute resolution does not constitute “litigation” as that term is used in paragraph 8 of the retainer agreement (see Matter of Covert, 97 NY2d 68, 76 [2001] [if the contract terms are clear and unambiguous, these terms are to be taken and understood in their plain, ordinary and proper sense]).
discussed Cited as authority (rule) Christophe Law Group, P.C. v. Kokomani
N.Y. App. Term. · 2017 · confidence medium
This informal dispute resolution does not constitute "litigation" as that term is used in Paragraph 8 of the retainer agreement ( see Matter of Covert , 97 NY2d 68, 76 [2001] [if the contract terms are clear and unambiguous, these terms are to be taken and understood in their plain, ordinary and proper sense]).
discussed Cited as authority (rule) TIME CAP DEVELOPMENT CORP. v. COLONY INSURANCE COMPANY
N.Y. App. Div. · 2017 · confidence medium
An insurance policy is “to be construed according to the sense and meaning of the terms which the parties have used, and if they are clear and unambiguous the terms are to be taken and understood in their plain, ordinary and proper sense” (Matter of Covert, 97 NY2d 68, 76 [internal quotation marks omitted]).
discussed Cited as authority (rule) Time Cap Development Corp. v. Colony Insurance Co.
N.Y. App. Div. · 2017 · confidence medium
An insurance policy is “to be construed according to the sense and meaning of the terms which the parties have used, and if they are clear and unambiguous the terms are to be taken and understood in their plain, ordinary and proper sense” (Matter of Covert, 97 NY2d 68, 76 [2001] [internal quotation marks omitted]).
discussed Cited as authority (rule) Time Cap Development Corp. v. Colony Insurance Co.
N.Y. App. Div. · 2017 · confidence medium
An insurance policy is “to be construed according to the sense and meaning of the terms which the parties have used, and if they are clear and unambiguous the terms are to be taken and understood in their plain, ordinary and proper sense” (Matter of Covert, 97 NY2d 68, 76 [2001] [internal quotation marks omitted]).
discussed Cited as authority (rule) National Convention Services, L.L.C. v. Applied Underwriters Captive Risk Assurance Co.
S.D.N.Y. · 2017 · confidence medium
“Contracts of insurance, like other contracts, are to be .construed. according to the sense and meaning of the terms which the parties have used, and if they are clear and unambiguous the terms-are to be taken and understood in their plain, ordinary and proper sense,” In re Estates of Covert, 97 N.Y.2d 68 , 735 N.Y.S.2d 879 , 761 N.E.2d 571, 576-77 (2001) (quoting Hartol Prods.
discussed Cited as authority (rule) Matter of Kohn
N.Y. App. Div. · 2016 · confidence medium
In support of her motion, the wife contended that only one half of the value of the funds in the joint accounts must be deducted from the $3,500,000 payment pursuant to the prenuptial agreement, since she received “an immediate one-half interest in the joint property” when the decedent opened the accounts (Matter of Covert, 97 NY2d 68, 75 [2001]; see Matter of Kleinberg v Heller, 38 NY2d 836, 841 [1976]; Matter of Granwell, 20 NY2d 91, 95 [1967]; Rosenzweig v Friedland, 84 AD3d 921, 923 [2011]).
discussed Cited as authority (rule) Dryden Mutual Insurance Company v. Stanley Goessl
NY · 2016 · confidence medium
To determine which insurance policy provides coverage to Goessl, the courts below were required to apply principles of contract interpretation to the insurance policies (see Matter of Covert, 97 NY2d 68, 76 [2001]).
discussed Cited as authority (rule) Lantheus Medical Imaging, Inc. v. Zurich American Insurance Company
2d Cir. · 2016 · confidence medium
Lantheus sought coverage from Zurich for the resulting losses, but Zurich denied the claim.1 “Insurance policies are, in essence, creatures of contract, and, accordingly, subject to principles of contract interpretation.” In re Estates of Covert, 97 N.Y.2d 68, 76 (2001).
discussed Cited as authority (rule) Fortgang v. Katz
N.Y. App. Div. · 2015 · confidence medium
Since “a joint tenant is entitled to an immediate one-half interest in the joint property” (Matter of Covert, 97 NY2d 68, 75 [2001]; see Lopez v Fenn, 90 AD3d 569, 572 [1st Dept 2011], lv dismissed 19 NY3d 1022 [2012]), the order is modified to the extent indicated.
cited Cited as authority (rule) Matter of Edwards
N.Y. App. Div. · 2014 · confidence medium
In short, the Riggs rule “prevents wrongdoers from acquiring a property interest, or otherwise profiting from their own wrongdoing” (Matter of Covert, 97 NY2d 68, 74 [2001]).
discussed Cited as authority (rule) In re the Estate of Wagner
N.Y. App. Div. · 2014 · confidence medium
It is well settled that “testamentary instruments are strictly construed so as to give full effect to the testator’s clear intent” (Matter of Covert, 97 NY2d 68, 74 [2001]; see Matter of Murray, 84 AD3d 106, 113 [2011], lv denied 18 NY3d 874 [2012]), and that the best evidence of the testator’s intent is found in the clear and unambiguous language of the will itself (see Matter of Walker, 64 NY2d 354, 357-358 [1985]; Matter of Cord, 58 NY2d 539, 544 [1983], rearg denied 60 NY2d 586 [1983]).
discussed Cited as authority (rule) In re the Estate of Wagner
N.Y. App. Div. · 2014 · confidence medium
It is well settled that “testamentary instruments are strictly construed so as to give full effect to the testator’s clear intent” (Matter of Covert, 97 NY2d 68, 74 [2001]; see Matter of Murray, 84 AD3d 106, 113 [2011], lv denied 18 NY3d 874 [2012]), and that the best evidence of the testator’s intent is found in the clear and unambiguous language of the will itself (see Matter of Walker, 64 NY2d 354, 357-358 [1985]; Matter of Cord, 58 NY2d 539, 544 [1983], rearg denied 60 NY2d 586 [1983]).
discussed Cited as authority (rule) In re the Estate of Prevratil
N.Y. App. Div. · 2014 · confidence medium
“We begin, of course, with the elemental proposition that in construing a will the court’s foremost objective is ascertainment of [the] decedent’s intent, and, concomitantly, effectuating the will’s purpose” (Matter of Carmer, 71 NY2d 781, 785 [1988]; see Matter of Singer, 13 NY3d at 451 ; Matter of Covert, 97 NY2d 68, 74 [2001]; Matter of Bieley, 91 NY2d 520, 525 [1998]; Matter of Fabbri, 2 NY2d 236, 239 [1957]).
discussed Cited as authority (rule) MatterofPrevratil
N.Y. App. Div. · 2014 · confidence medium
"We begin, of course, with the elemental proposition that in construing a will the court's foremost objective is ascertainment of [the] decedent's intent, and, concomitantly, effectuating the will's purpose (Matter of Carmer, 71 NY2d 781, 785 [1988]; see Matter of Singer, 13 NY3d at 451 ; Matter of Covert, 97 NY2d 68, 74 [2001]; Matter of Bieley, 91 NY2d at 520, 525 [1998]; Matter of Fabbri, 2 NY2d 236, 239 [1957]).
discussed Cited as authority (rule) In re the Estate of Prevratil
N.Y. App. Div. · 2014 · confidence medium
“We begin, of course, with the elemental proposition that in construing a will the court’s foremost objective is ascertainment of [the] decedent’s intent, and, concomitantly, effectuating the will’s purpose” (Matter of Carmer, 71 NY2d 781, 785 [1988]; see Matter of Singer, 13 NY3d at 451 ; Matter of Covert, 97 NY2d 68, 74 [2001]; Matter of Bieley, 91 NY2d 520, 525 [1998]; Matter of Fabbri, 2 NY2d 236, 239 [1957]).
discussed Cited as authority (rule) Sher v. Allstate Insurance
S.D.N.Y. · 2013 · confidence medium
“Contracts of insurance, like other contracts, are to be construed according to the sense and meaning of the terms which the parties have used, and if they are clear and unambiguous the terms are to be taken and understood in their plain, ordinary and proper sense.” In re Estates of Covert, 97 N.Y.2d 68 , 735 N.Y.S.2d 879 , 761 N.E.2d 571, 576-77 (2001) (quoting Hartol Prods.
discussed Cited as authority (rule) In re Cincotta
N.Y. App. Div. · 2013 · confidence medium
Ordered that the order is affirmed insofar as appealed from, with costs. “ ‘[TJestamentary instruments are strictly construed so as to give full effect to the testator’s clear intent’ ” (Matter of Murray, 84 AD3d 106, 113 [2011], quoting Matter of Covert, 97 NY2d 68, 74 [2001]).
discussed Cited as authority (rule) In re Cincotta
N.Y. App. Div. · 2013 · confidence medium
Ordered that the order is affirmed insofar as appealed from, with costs. “ ‘[TJestamentary instruments are strictly construed so as to give full effect to the testator’s clear intent’ ” (Matter of Murray, 84 AD3d 106, 113 [2011], quoting Matter of Covert, 97 NY2d 68, 74 [2001]).
discussed Cited as authority (rule) Melnick v. Press
E.D.N.Y · 2011 · confidence medium
Indeed, as explained by the New York Court of Appeals, “[i]n contrast to individual property, a joint tenant is entitled to an immediate one-half interest in the joint property.” In re Estates of Covert, 97 N.Y.2d 68 , 735 N.Y.S.2d 879 , 761 N.E.2d 571, 576 (2001) (citations omitted).
discussed Cited as authority (rule) In re the Estate of Murray
N.Y. App. Div. · 2011 · confidence medium
“A validly executed joint will is a proper and legally tenable means of effecting a testamentary disposition of property” (Matter of Covert, 97 NY2d 68, 73-74 [2001]; see Glass v Battista, 43 NY2d 620, 623-624 [1978]; Matter of Diez, 50 NY 88 [1872]).
discussed Cited as authority (rule) Woodhams v. Allstate Fire & Casualty Co.
S.D.N.Y. · 2010 · confidence medium
On the other hand, “contracts of insurance, like other contracts, are to be construed according to the sense and meaning of the terms which the parties have used, and if they are clear and unambiguous the terms are to be taken and understood in their plain, ordinary and proper sense.” In re Estates of Covert, 97 N.Y.2d 68 , 735 N.Y.S.2d 879 , 761 N.E.2d 571, 576-77 (2001) (quoting Hartol Prods.
discussed Cited as authority (rule) Campbell v. Thomas (2×) also: Cited "see"
N.Y. App. Div. · 2010 · confidence medium
Thus, the share in the account that Nidia already possessed was not a product of her wrongful conduct (see Matter of Covert, 97 NY2d at 74 [“we have never applied the doctrine (that one shall not profit from his or her own wrongdoing) to cause a wrongdoer’s forfeiture of a vested property interest”]).
Retrieving the full opinion text from the archive…
In the Matter of the Estates of Kathleen L. Covert and Another, Deceased. Kelly Hawley, as Executor of Kathleen L. Covert and Another, Deceased, Petitioner; Edward F. Covert Et Al., Respondents, and Robert L. Millard Et Al., Appellants
New York Court of Appeals.
Nov 20, 2001.
761 N.E.2d 571
POINTS OF COUNSEL, Yetter, Zalbowitz & Gartell, Binghamton (Kenneth F. Joyce and Alan M. Zalbowitz of counsel), for appellants., Thomas, Collison & Meagher, Endicott (Joseph B. Meagher of counsel), for respondents.
Ciparick.
Cited by 90 opinions  |  Published
3 passages pin-cited by 3 cases
Pinpoint authority: bottom 92%
Citer courts: E.D. New York (6)

[*72] OPINION OF THE COURT

Ciparick, J.

The issue, on this appeal is whether the doctrine of Riggs v Palmer (115 NY 506), which disallows a wrongdoer from profiting by his or her crime at the expense of the victim’s estate, mandates the disinheritance of the wrongdoer’s heirs and distributees, thereby negating their entitlement to an express testamentary bequest made in the victim’s will. We conclude, under the circumstances of this case, that where a victim’s will makes bequests to the wrongdoer’s family — innocent distributees — their status as legatees under the victim’s will is not vitiated, and they are not disinherited by virtue of their familial relationship to the wrongdoer.

I

This case involves a dispute between two families over the estates of a deceased couple, Edward M. and Kathleen Covert. Tragically, on April 3, 1998, Edward shot and killed Kathleen, then turned the gun on himself and took his own life. Edward was survived by his parents, Edward F. Covert and Joan Covert, and his siblings, Theresa Guinan, Gayle Diffendorf and Phyllis Thompson (the Coverts). Excluding Edward, Kathleen was survived by her parents, Robert L. Millard and Carol A. Millard, and her siblings, Robert L. Millard, II and Kelly Hawley (the Millards).

Prior to this incident, on December 14, 1995, Edward and Kathleen executed a joint will providing for the final disposition of their property. The will designated Kelly Hawley as executrix. The second paragraph of the will provided,

“[u]pon the death of one of us leaving the other of us surviving, all the property and estate of every kind and nature and wheresoever situate, of the one so dying first of which he or she has the power of disposal, is hereby given, devised and bequeathed to the survivor absolutely and without any limitation or restriction whatsoever.”

Upon the death of the surviving spouse, the fifth paragraph of[*73] the will bequeathed the couple’s jointly owned time share and jewelry to Kelly Hawley or to named alternative legatees. Also upon the death of the survivor, the residuary estate was to be distributed into three equal shares — one third each to Edward’s parents, Kathleen’s parents and decedents’ siblings.

At the time of her death, Kathleen’s combined probate and nonprobate assets were valued at $225,000. Edward’s assets— including two life insurance policies and a union retirement fund payable to Kathleen as primary beneficiary and to his parents as contingent beneficiaries — were worth approximately $71,000. The couple further held assets valued at $121,000 as joint tenants.

On May 21, 1998, the court admitted the will to probate and issued letters testamentary to Hawley as executor. In March 1999, Hawley petitioned Surrogate’s Court requesting direction in the distribution of the estates. The Coverts filed an answer to the petition in June 1999, demanding strict compliance vrith the express terms of the will, and requesting division of the estates in equal shares among Kathleen’s parents, Edward’s parents and the surviving siblings. In response, the Millards requested that the court preclude the Coverts from taking under the will due to Edward’s role in Kathleen’s death. Thereafter, the Coverts moved for summary judgment to dismiss the Millards’ answer and to compel distribution according to the terms of the will.

Surrogate’s Court denied the Coverts’ motion and granted summary judgment to the Millards, opining that “the Riggs precedent must sweep away all other arguments and require a forfeiture of the Covert family’s interest in Kathleen’s property including her insurance and the couple’s joint property.” The court precluded the Coverts from taking any of Kathleen’s property, yet allowed them to receive a share of Edward’s individual property. The Appellate Division unanimously modified the order, treating Edward as having fictionally predeceased Kathleen and directing that all property pass through Kathleen’s estate, ultimately to be distributed in equal thirds. Additionally, the Court ordered that Edward’s two life insurance policies and retirement fund proceeds pass to the respective contingent beneficiaries (279 AD2d 48). We granted the Millards leave to appeal (96 NY2d 711) and now affirm, for different reasons. II

Our analysis begins with a restatement of settled principles regarding will construction and testamentary distribution. A[*74] validly executed joint will is a proper and legally tenable means of effecting a testamentary disposition of property (see, Schwartz v Horn, 31 NY2d 275; Rastetter v Hoenninger, 214 NY 66; Matter of Diez, 50 NY 88). This Court has long recognized that testamentary instruments are strictly construed so as to give full effect to the testator’s clear intent (see, Matter of Bieley, 91 NY2d 520, 525; Williams v Jones, 166 NY 522).

Notwithstanding the exceptional degree of deference afforded testator intent, this Court has consistently reaffirmed the equitable principle that “[no] one shall be permitted to profit by his [or her] own fraud, or to take advantage of [their] own wrong, or to found any claim upon [their] own iniquity, or to acquire property by [their] own crime” (Riggs v Palmer, 115 NY 506, 511; see generally, Manning v Brown, 91 NY2d 116; New England Mut. Life Ins. Co. v Caruso, 73 NY2d 74). In Riggs, this Court fashioned an equitable rule that prevented a grandson legatee who murdered his grandfather from profiting from his crime. This Court voided the gift to the grandson, Elmer Palmer, and allowed the estate to pass to the testator’s daughters and to Elmer’s mother, in accord with the provisions of the will. The Court did not force the estate into intestacy, nor did the Court prevent the wrongdoer’s mother from taking under the will.

The Riggs rule prevents wrongdoers from acquiring a property interest, or otherwise profiting from their own wrongdoing. However, we have never applied the doctrine to cause a wrongdoer’s forfeiture of a vested property interest. Indeed, public policy, as embodied in Civil Rights Law § 79-b, militates against application of Riggs as a means of effecting a proprietary forfeiture. Section 79-b provides, in pertinent part, that “[a] conviction of a person for any crime, does not work a forfeiture of any property, real or personal, or any right or interest therein” (Civil Rights Law § 79-b).

Because Kathleen died at Edward’s hand, the Riggs doctrine nullifies any and all bequests by Kathleen to him. There is no need to employ the Appellate Division’s fiction that Edward “predeceased” Kathleen. Since Riggs voids the gift to Edward, any testamentary bequests to which he would have been entitled pass directly into the residuary.

The Millards would apply Riggs to void the gift to the Coverts, as well. Absent a showing that the Coverts are anything other than innocent distributees, Riggs is[*75] inapplicable. The Millards would further have us disregard settled principles in favor of invalidation of the residuary clause and an intestate distribution, arguing that the will’s residuary clause applied only if Kathleen survived Edward and received his property. Contrary to the Millards’ assertions, however, failure of the preceding gift does not destroy, but accelerates, the residuary (see, Matter of Bieley, supra, 91 NY2d, at 529; see also, Williams, supra, 166 NY, at 537; Matter of Fordham, 235 NY 384, 389). Furthermore, the mere existence of a testamentary instrument gives rise to a presumption against intestacy (see, Matter of Bieley, supra, 91 NY2d, at 525). Application of the presumption against intestacy further supports validation of the residuary clause by preventing a portion of the estate from falling into intestacy. We conclude that neither the will, nor any clause thereof, is invalid, and accordingly, no portion of either estate falls into intestacy.

Ill

This appeal centers on three main types of property to be distributed — individual property owned outright and independently by Edward and Kathleen respectively, joint property with a right of survivorship and individual assets with named beneficiaries. Each type of property is subject to its own analysis.

The individual assets owned outright, other than the specific bequest to Hawley (which is uncontested), must pass through decedents’ respective wills, and into the residuary. Similarly, Edward’s individual property owned outright passes through his will. In that Kathleen predeceased him, his property passes into the residuary, also to be distributed into equal thirds to the Covert parents, the Millard parents and the siblings.

In contrast to individual property, a joint tenant is entitled to an immediate one-half interest in the joint property (see, Matter of Kleinberg v Heller, 38 NY2d 836; Brown v Bowery Sav. Bank, 51 NY2d 411). This interest is immediately vested, entitling either tenant to a half portion, even though only one tenant may have established and contributed to the asset (see, Matter of Suter, 258 NY 104; Matter of Bricker v Krimer, 13 NY2d 22, 27). Thus, before their deaths, Edward and Kathleen each owned an undivided one-half interest, with a right of survivorship, in their joint property. Allowing Edward the one-half interest in that property would not aiford him any benefit from his wrongdoing. Consistent with the public policy[*76] articulated in Civil Rights Law § 79-b, his one-half interest is not forfeited.

Riggs, however, prevents Edward from profiting from his own wrongdoing. Because Edward killed Kathleen, he cannot succeed to the survivorship interest that would ordinarily arise on the death of his joint tenant. Therefore, the joint property should be divided evenly, half passing through Edward’s estate and half through Kathleen’s.

Finally, the insurance and pension plan proceeds must pass to their alternative beneficiaries. Insurance policies are, in essence, creatures of contract, and accordingly, subject to principles of contract interpretation (see, Hartol Prods. Corp. v Prudential Ins. Co. of Am., 290 NY 44; Zasuly v Mutual Benefit Health & Acc. Assn., 19 NY2d 385). “It is unquestionably the rule that ‘[Contracts of insurance, like other contracts, are to be construed according to the sense and meaning of the terms which the parties have used, and if they are clear and unambiguous the terms are to be taken and understood in their plain, ordinary and proper sense’ ” (see, Hartol Prods. Corp. v Prudential Ins. Co. of Am., 290 NY 44, 47 [quoting Johnson v Travelers Ins. Co., 269 NY 401, 408]). Pension plans are also contracts subject to construction under similar principles (see generally, Matter of Day v Mruk, 307 NY 349, 354).

Neither party claims that the terms of the relevant instruments are deficient or ambiguous. Edward’s insurance policies name Kathleen as primary beneficiary, and his father as contingent beneficiary. His retirement plan is payable primarily to Kathleen and in the alternative to his parents. The Mil-lards claim that our decision in Petrie v Chase Manhattan Bank (33 NY2d 846) precludes payment to the contingent beneficiaries. Their reliance on Petrie is misplaced.

In Petrie, the murderer was a beneficiary of his victim’s trust and first in line to benefit. He would have directly profited by his wrongful act and acquired property to which he was not otherwise entitled. Applying Riggs prevented him from benefit-ting from his criminal act. Likewise, we further concluded that Riggs equally applied to prevent the contingent beneficiaries, chosen by the murderer, not by the settlor of the trust, from recovering trust proceeds.

Unlike Petrie, here we are concerned with the disposition of the slayer’s property. The insurance and pension funds were Edward’s own property both before and after Kathleen’s death.[*77] Because the alternative beneficiaries are innocent distributees of his property, they are entitled to take pursuant to the provisions of the respective instruments.

Accordingly, the order of the Appellate Division should be affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estates.

Chief Judge Kaye and Judges Smith, Levine, Wesley, Rosenblatt and Graffeo concur.

Order affirmed, etc.