MATTER OF BURSTEIN


148 A.D.2d 988 (1989)

In the Matter of The Estate of Rebecca Burstein, Deceased

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 10, 1989


Decree unanimously reversed on the law without costs and petition granted, in accordance with the following memorandum:

The Surrogate erred in decreeing "that the Testatrix did not give the Trustees general power to invade the principal of the trust of Larry Burstein". "The first principal in all construction proceedings is the intention of the testator as expressed in [her] will, and all other rules of interpretation are subordinate to this primary one" (Matter...

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