In re the Accounting of Hanover Bank

Breitel, J. P.

Involved on this appeal is the construction of a will and codicil. The Surrogate held that a trust created by the codicil would lapse shortly into intestacy, despite a general residuary clause in the will. The practical effect is to favor the husband and son of the testatrix, rather than the son and his children who are the beneficiaries of the trusts created out of the residuary estate. The amount of the disputed trust is small in relation to the whole estate, and, under any interpretation, does not pass outside the circle of designated beneficiaries of the will.

For reasons to…