In re the Estate of Flood

Appellate Division of the Supreme Court of New York

In re the Estate of Flood

262 A.D.2d 643, 691 N.Y.S.2d 354, 1999 N.Y. App. Div. LEXIS 7613

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 28, 1999

StatusPublished

This text of 262 A.D.2d 643 (In re the Estate of Flood) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Flood, 262 A.D.2d 643, 691 N.Y.S.2d 354, 1999 N.Y. App. Div. LEXIS 7613 (N.Y. Ct. App. 1999).

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Opinion

—In a proceeding for the construction of a will, the petitioners appeal from a decree of the Surrogate’s Court, Nassau County (Radigan, S.), dated May 18, 1998, which, inter alia, construed the will to provide that the decedent’s husband had an unfettered right to invade the principal of certain testamentary trusts.

Ordered that the decree is affirmed, without costs or disbursements.

Contrary to the contentions of the petitioners, the Surrogate’s Court properly concluded that the provisions of the decedent’s will that created the testamentary trusts gave her husband an unfettered right to invade the principal thereof (see, Matter of Woollard, 295 NY 390). Under the circumstances of this case, the well-settled principles of construction articulated in Matter of Flyer (23 NY2d 579, 584-585), and Matter of Fabbri (2 NY2d 236, 240), do not require a different result. Ritter, J. P., Altman, Krausman and Florio, JJ., concur.

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—In a proceeding for the construction of a will, the petitioners appeal from a decree of the Surrogate’s Court, Nassau County (Radigan, S.), dated May 18, 1998, which, inter alia, construed the will to provide that the decedent’s husband had an unfettered right to invade the principal of certain testamentary trusts.

Ordered that the decree is affirmed, without costs or disbursements.

Contrary to the contentions of the petitioners, the Surrogate’s Court properly concluded that the provisions of the decedent’s will that created the testamentary trusts gave her husband an unfettered right to invade the principal thereof (see, Matter of Woollard, 295 NY 390). Under the circumstances of this case, the well-settled principles of construction articulated in Matter of Flyer (23 NY2d 579, 584-585), and Matter of Fabbri (2 NY2d 236, 240), do not require a different result. Ritter, J. P., Altman, Krausman and Florio, JJ., concur.

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Bluebook (online)

262 A.D.2d 643, 691 N.Y.S.2d 354, 1999 N.Y. App. Div. LEXIS 7613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-flood-nyappdiv-1999.

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