In re Marine Midland Bank, N. A.

Callahan, J. P., and Green, J.

(dissenting). We cannot concur in the decision, to reverse and award the remainder interest to the estates of Betty Lockwood Olmsted and Jean Lockwood Landrigan. In our view, such a construction strains the language and intent of paragraph "seventh” of the testatrix’ will. "[T]he prime consideration of all construction pro*975ceedings 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,…