In re the Estate McNab

Appeal (transferred to this court by order of the Appellate Division, Second Department) from that part of a decree of the Surrogate’s Court of Dutchess County (Benson, S.), entered May 22, 1989, which denied respondents’ motion for summary judgment, construed the will in favor of petitioner and directed that one half of petitioner’s counsel fees be paid from decedent’s testamentary trust.

This appeal involves the construction of a provision of the testatrix’s will which bequeathed her residuary estate. The primary question presented is whether Surrogate’s Court properly construed the disputed…