In re the Estate of Uhlfelder

S. Samuel Di Falco, S.

The motion for reargument is granted. The court has considered carefully the argument of the moving party. That argument indicates that counsel misconceived the holding of the court in its prior decision (29 Misc 2d 40). In order that there be no misunderstanding, the court will restate the reasons for its decision.

First, the court construes the will as requiring the trustees to pay the entire income of the trust to the widow during her lifetime. The direction “ to pay ” the entire net income to her is stated explicitly and clearly. The parties assumed that paragraph…