In re the Estate of Burstein

Decree unanimously reversed on the law without costs and petition granted, in accordance with the following memorandum: The Surrogate erred in decreeing "that the Testatrix did not give the Trustees general power to invade the principal of the trust of Larry Burstein”. "The first principal in all construction proceedings is the intention of the testator as expressed in [her] will, and all other rules of interpretation are subordinate to this primary one” (Matter of Symonds, 79 AD2d 24, 25). This intent "must be gleaned not from a single word or phrase but from a sympathetic reading of the…