Estate of Honore V. De St. Aubin, Deceased, Ovide E. De St. Aubin, Executor, et al. - Page 2

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                       32996-88.                                                      
                  Joseph M. Persinger, Jonathan G. Blattmachr, and                    
             Jessica A. Feder, for petitioners.                                       
                  Jill A. Frisch, Howard J. Berman, Steven Winningham,                
             and Robert B. Marino, for respondent.                                    


                      MEMORANDUM FINDINGS OF FACT AND OPINION                         
                  WHALEN, Judge:  Pursuant to Rule 121, this matter is                
             before the Court on petitioners' motion for partial summary              
             judgment and respondent's cross-motion for partial summary               
             judgment.  The motions raise three issues:  (1) Whether                  
             Honore V. de St. Aubin, as the income beneficiary of both                
             the marital trust and the residuary trust to be established              
             under her husband's will, possessed a claim to a portion of              
             the proceeds from the sale of certain stock holdings of his              
             estate; (2) whether the marital trust established for the                
             benefit of Honore V. de St. Aubin is entitled to share in                
             the appreciation of the undistributed assets of her                      
             husband's estate; and (3) whether Honore V. de St. Aubin                 
             or her estate had a right to compel funding of the marital               
             trust with interest at the legal rate.  At issue are                     
             purported claims of decedent and her estate against her                  
             husband's estate and against the trusts established under                
             her husband's will, which was executed in 1966.  If any of               





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