MATTER OF McKAY


246 A.D.2d 338 (1998)

666 N.Y.S.2d 916

In the Matter of Karyl K. McKay et al., Appellants-Respondents. Chemical Bank et al., Respondents-Appellants

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

January 8, 1998


The motion court correctly found that petitioners had failed to demonstrate that the trustees had either acted imprudently or failed to act impartially.

However, we disagree with the motion court's construction of the will inasmuch as it unambiguously gives equal shares of the residuary estate to each child, and not, as the motion court found, one-half of the interest from which the mother had been receiving income. The plain language of clause 5 of Article EIGHTH...

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