In re the Construction of the Will of Cook

Delehanty, S.

Deceased’s will contains a bequest to seven named cousins of “ $300. each and one Mexican bond each ”. The filed account shows only that $3,000 of nominal value of Mexican bonds of one series and $2,000 nominal value of Mexican bonds of another series were among deceased’s assets. A supplemental affidavit discloses that in one series each bond is of $1,000 face and in the other series each bond is of $500 face. In other words, deceased had enough bonds to give one to each of her cousins. Because of the disparity in nominal value of the bonds the question is presented whether or…