MATTER OF BUSH


2 A.D.2d 526 (1956)

In the Matter of the Construction of The Will of Marion P. Bush, Deceased. Central Trust Company Rochester, as Trustee under The Will of Marion P. Bush, Deceased, Appellant; Clayton F. Bush, as Executor of Marion P. Bush, Deceased, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 21, 1956.


Attorney(s) appearing for the Case

Howard M. Woods for appellant.

Peter G. Smith and Jay A. Smith for respondent.

All concur. Present — McCURN, P. J., KIMBALL, WHEELER, WILLIAMS and BASTOW, JJ.


KIMBALL, J.

We agree with the result reached by the Surrogate that any securities or investments distributed in kind, as authorized by the will, should be received and taken at the appraised values as of the date of death of the testatrix. We think that the intention of the testatrix is manifest from the will itself and that it is unnecessary to draw inferences as to her intention from her experience in the settling...

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