In re the Estate of Wagner

Peradotto and Lindley, JJ.

(dissenting). We respectfully dissent. In our view, Surrogate’s Court properly determined that the language of decedent’s will is clear and unambiguous, and that the will must therefore be enforced according to its terms. We would thus affirm the decree in appeal No. 2. It is well settled that “testamentary instruments are strictly construed so as to give full effect to the testator’s clear intent” (Matter of Covert, 97 NY2d 68, 74 [2001]; see Matter of Murray, 84 AD3d 106, 113 [2011], lv denied 18 NY3d 874 [2012]), and that the best evidence of the testator’s intent…