In re the Construction of the Will of Bush

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 of her mother’s estate. Since section 268 of the Surrogate’s Court Act has no application where distribution in kind is made pursuant to the provisions of the will (Matter of Kent, 173 App.…