In Blackmon v. Battcock, 78 NY2d 735 [1991] the decedent had executed a will in 1969 which left a bequest to a church and to a friend with the residuary bequeathed to decedent's two children, a son and a daughter, or their children, if decedent's children predeceased her. The decedent entered into a written settlement agreement with her late husband's estate in which, among other things, decedent "promised to leave intact and without change" her 1969 will. The settlement agreement was silent as to Totten trusts, trust accounts, inter vivos transfers, or gifts of any kind. After entering into the settlement agreement, the decedent opened various Totten trust bank accounts in her name for various charities and people. Decedent also executed two subsequent wills in 1982 and 1984, in which she left nothing to her surviving daughter or her daughter's children. Decedent's daughter commenced a plenary action in which she sought a declaratory judgment that the creation of the Totten trusts by decedent violated the terms of the 1971 settlement agreement by changing the terms of decedent's 1969 will. In determining that the decedent did not violate the settlement agreement, the court noted that "[t]he agreement itself is silent as to the Totten trusts or any other testamentary like forms of disposition of property" (Blackmon v. Battcock, 78 NY2d 735 [1991]). The court stated that while the decedent agreed to leave in place the 1969 will, decedent did not agree to leave any particular property or any amount of money to her children and the settlement agreement did not preclude decedent from disposing of any or all of her assets by gift or Totten trust.