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MATTER OF FLOOD

262 A.D.2d 643 (1999)

691 N.Y.S.2d 354

In the Matter of the Estate of MARCIA FLOOD, Deceased. JOHN A. FLOOD et al., Appellants.

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

Decided June 28, 1999.

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 N.Y. 390). Under the circumstances of this case, the well-settled principles of construction articulated in Matter of Flyer...

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