Matter of Marine Midland Bank, N.A.
Court of Appeals of New York
547 N.E.2d 1152 (1989)
Carl Gustafson's will created a lifetime trust for his wife Elsie, with the remainder to his brothers Roy and Leonard, providing that if a brother predeceased Elsie, his share would pass to that brother's 'surviving child or children,' or to the surviving brother if the deceased brother left no surviving issue. Leonard predeceased Elsie, leaving two children, Jacqueline (defendant) and Daniel, but Daniel also predeceased Elsie; Daniel's widow and children (plaintiffs) petitioned for Daniel's share of the residuary estate, arguing 'children' should be read broadly to include Carl's grandchildren and other collateral descendants, while Jacqueline argued she was entitled to Leonard's entire trust share.
Whether words used in a will must be given their ordinary and natural meaning if the will as a whole does not show an unmistakable intent that a different meaning should apply.