In re the Estate of Bommer

Wingate, S.

If the universal criterion of testamentary interpretation of the intention of the testator at the time of the execution of his will had been recalled, the preponderant proportion of labor of counsel in the preparation, and of the court in the perusal, of the extensive briefs which have been submitted, would have been obviated.

No evidence has been adduced as to the situation of the testator at the time of the execution of the will in June, 1934, wherefore the only source from which the testamentary intent may be gleaned is the document itself. (Matter of Rossiter, 134 Misc. 837,…