In re the Estate of Gross

*831Munder and Martuseello, JJ., concur; Christ, P. J., concurs, with the following memorandum, in which Rabin, J., concurs: Once having determined that the 1964 stockholders’ agreement was not an invalid testamentary disposition (Matter of Hillowitz, 22 N Y 2d 107), there still remains the question of the testator’s intent. A careful reading of all the pertinent documents indicates that his prime and controlling intent was to provide first for his wife and only secondarily for those who would benefit under the testamentary trust. Thus, at the time the testator made his will, there was an…