MATTER OF CASTAGNELLO


300 A.D.2d 8 (2002)

749 N.Y.S.2d 877

In the Matter of the Estate of SAM CASTAGNELLO, Deceased. MARILYN CHRISTIAN et al., as Executors, Respondents; ROBERT CANOVA, Appellant.

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

Decided December 3, 2002.


The Surrogate properly concluded that the testator's intention to exclude appellant from sharing in the residuary estate could be discerned from the four corners of the will (see Matter of Thall, 18 N.Y.2d 186, 192; Matter of Fabbri, 2 N.Y.2d 236, 240) and that consideration of extrinsic evidence was thus neither necessary nor appropriate (see Matter of King, 198...

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