The construction of a testamentary instrument can play an important role in ascertaining the disposition of an estate, the interests of its beneficiaries, and the duties and responsibilities of its fiduciary. The intent of the testator, the meaning of the words used, and extrinsic evidence all may affect the interpretation of the document. Consider the following:
Decedent’s Intent
Before the Surrogate’s Court, Richmond County, in In re Thompson, was a motion and cross-motion for summary judgment requesting the construction of the decedent’s will. The petitioner, the decedent’s niece, and executor of her estate, sought a construction that would result in a gift to her by implication of the decedent’s entire residuary estate. The decedent’s sister opposed the application, and requested a determination that the residuary estate be distributed, in equal shares, to her and the petitioner, as the decedent’s sole intestate distributees.
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