MATTER OF GUSTAFSON


74 N.Y.2d 448 (1989)

In the Matter of Marine Midland Bank, N. A., as Successor to Chautauqua National Bank and Trust Company of Jamestown, as Trustee under a Trust Created by Carl V. E. Gustafson, Deceased.

Court of Appeals of the State of New York.

Decided November 21, 1989.


Attorney(s) appearing for the Case

Richard V. Slater and Douglas A. Spoto for Daniel L. Gustafson, Jr., and another, appellants.

Samuel P. Price for Matthew William Gustafson, appellant.

Roger E. Hammer for Elizabeth Gustafson Elias, appellant.

Philip A. Erickson and Paul V. Webb, Jr., for Jacqueline Gustafson Lanphere, respondent.

Chief Judge WACHTLER and Judges ALEXANDER and TITONE concur with Judge BELLACOSA; Judge HANCOCK, JR., dissents in part and votes to modify in a separate opinion in which Judges SIMONS and KAYE concur.


BELLACOSA, J.

In concluding that appellants are not entitled to inherit under the relevant gift provision of this disputed will, we reaffirm two basic principles governing the adjudication of decedents' estates by courts: our primary function is to effectuate the testator's intent and the words used to express that intent are to be given their ordinary and natural meaning.

Testator executed his will in...

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