Tunnell's Estate

Box., J.,

There are only two questions now to be decided: first, whether the testator impressed a trust or made a testamentary disposition of the various sets of bonds in question, and, second, whether the widow is entitled to her intestate allowance of $5,000 under the will as written.

On the first point we are clear that the auditing judge was correct in holding that Tunnell disposed of these bonds testando. He has found as a fact that the testator’s intention was testamentary, and in view of such finding the assaults of exceptants are of little avail. There is ample evidence to sustain it.…