In re the Construction of the Will of Healy

Decree entered August 5, 1964, construing the will, unanimously reversed, on the law, on the facts and in the exercise of discretion, and the petition dismissed on the ground it was an unnecessary exercise of discretion, without costs. The general rule is to refuse to exercise discretion in aid of a construction unless there is a present need therefor. (Matter of Lederer, 4 A D 2d 623, 625.) A Surrogate is not required to consider and determine every question which may be raised by any of the parties as to the construction or validity of a will. (Matter of Mount, 185 N. Y. 162.) Where the…