In re the Judicial Settlement of the Final Account of Proceedings of Chase National Bank

Decree of the Surrogate’s Court of Westchester county, in so far as it involves the construction of the last will and testament of the deceased, affirmed, with costs, payable out of the estate, to all parties filing briefs. No opinion. Lazansky, P. J., Young and Hagarty, JJ., concur; Carswell, J., dissents with the following memorandum: Where a testator’s intention is reasonably discernible from the whole instrument, the court may transpose punctuation marks, words or phrases to effectuate that intention. The construction of paragraph second of the will which has been adopted destroys for the…