In re the Estate of Hanf

Callahan, J. (dissenting).

In my view, Surrogate’s Court properly applied the law in its decree construing the residuary clause in decedent’s will. “[T]he prime consideration of all construction proceedings is the intention of the testator as expressed in the will” (Matter of Larkin, 9 NY2d 88, 91), and where the language of the will or any part of it is clear, other rules of construction are inapplicable (Matter of Johnson, 32 AD2d 239, 243, affd 26 NY2d 858). In such case, the testamentary intent must be ascertained in the language of the will as written (Matter of Jones, 38 NY2d 189, 193;…