Opinion
Argued May 11, 1999
June 28, 1999
In a proceeding for the construction of a will, the petitioners appeal from a decree of the Surrogate's Court, Nassau County (Radigan, S.), dated May 18, 1998, which, inter alia, construed the will to provide that the decedent's husband had an unfettered right to invade the principal of certain testamentary trusts.
Raymond J. McRory, Garden City, N.Y. (Russell P. McRory of counsel), for appellants.
DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, JJ.
DECISION ORDER
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 ( 23 N.Y.2d 579, 584-585), and Matter of Fabbri ( 2 N.Y.2d 236, 240), do not require a different result.