Matter of Kosek, 31 N.Y.2d 475 (1973)

r
r

A court must interpret a will to discern the testator’s intent from the entire document and the circumstances surrounding its creation, prioritizing the testator’s primary objective and avoiding overly literal interpretations that would frustrate that intent.

r
r

Summary

r

The New York Court of Appeals addressed the interpretation of a will provision that restricted the distribution of assets to beneficiaries residing in a communist-dominated country. The testator, a Czechoslovakian refugee, created a trust for his niece and grandnephew, with termination contingent on them residing in a non-communist country or being able to fully enjoy the benefits of the property. The Surrogate’s Court authorized a partial distribution, finding that the beneficiaries could