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Before applying EPTL section 11-2.1(k), we must decide
whether the 1987 provision or the 1965 provision applies.
In passing the 1987 amendments, the New York State
legislature provided the following instruction:
This act shall take effect immediately [July 30,
1987] and shall apply to proceeds received during
any period as to which the fiduciary's account
has not been settled prior to such effective
date, whether the proceeds were received prior to
or after such effective date by any trust * * *
established before, on or after the effective
date hereof. [1987 N.Y. Laws ch. 495, sec. 2.]
As of the date of these motions, Mr. de St. Aubin's
executors' accounts had not been settled. Therefore, the
1987 provision is controlling, although the amendment to
the statute was made more than 20 years after the execution
of Mr. de St. Aubin's will. See In re Allister, 545
N.Y.S.2d 483 (Sur. Ct. 1989) (applying EPTL section
11-2.1(k), as amended in 1987, in a proceeding in which
the decedent died in 1969 and her beneficiary died in
1985).
Respondent argues that this Court should supplant the
effective date supplied by the legislature because of the
actions of Mr. de St. Aubin's executors, and, therefore,
the 1965 provision should apply. In this regard,
respondent has made numerous allegations regarding the
propriety of the actions of the executors. Respondent
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