In re the Construction of the Will of Markowitz

Rubenstein, S.

The executor seeks a construction of testator’s will. Testator, who was not an attorney, prepared and typed the instrument himself. The paragraphs are not numbered nor is there any residuary clause.

*268In construing a will that interpretation should be adopted, if possible, which avoids a partial intestacy (Matter of Birdsell, 271 App. Div. 90, affd. 296 N. Y. 840; Matter of Levi, 68 N. Y. S. 2d 846; Matter of Jann, 144 Misc. 64, 795). The court determines that decedent intended to dispose of all his property under the terms of his will (Matter of Coleman, 143 Misc. 601, 605; Matter…