Matter of Everett

In Matter of Everett (200 Misc 637 [1951]), the surrogate was faced with a will construction where the testator gave his widow a legal life estate, and the court was presented with the question of whether the testator also intended for his widow to invade or dispose of the principal during her lifetime. The court held, "Had the testator intended that his widow have the right to invade the principal, the will, considering it was drawn by a lawyer, should have said so in plain terms and not left it to conjecture." (Everett at 639.) The court held that "[w]here the will in unambiguous language gives a specific estate, it will not be amplified or lessened by subsequent provisions unless it is apparent it was the intention of the testator so to enlarge or lessen it."