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estate assets. Petitioners further point out that use of
the fairly representative method of funding would convert
the hybrid pecuniary bequest into a fractional bequest,
which would conflict with Mr. de St. Aubin's express intent.
Respondent argues that Mr. de St. Aubin's overriding
intent, judged from a review of his entire estate plan,
was to provide for his widow. On this basis, respondent
contends that, under the circumstances that unfolded,
decedent was entitled to share in the appreciation of the
estate assets.
In construing any will under New York law, the
fundamental rule is to ascertain the intent of the testator
from a sympathetic reading of the will in its entirety.
In re Kosek's Will, 294 N.E.2d 188, 191 (N.Y. 1973); In
re Larkin, 172 N.E.2d 555, 557 (N.Y. 1961); In re Fabbri's
Will, 140 N.E.2d 269, 271 (N.Y. 1957). Such intent is to
be gleaned from the four corners of the will. In re Cord,
449 N.E.2d 402, 404 (N.Y. 1983); In re King, 603 N.Y.S.2d
827, 827 (App. Div. 1993); In re Knapp, 500 N.Y.S.2d 804,
804 (App. Div. 1986).
As explained above, Mr. de St. Aubin created a hybrid
pecuniary bequest with a floor to fund the marital trust.
Article Sixth of his will provides that "the total value of
such cash and/or property [used to fund the Marital Trust]
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