- 27 - argues that "the executors of Ovide's Estate have failed to honor Ovide's intent in administering his estate and thereby have breached their fiduciary obligations. Respondent posits that factual issues exist regarding the executors' intention to deprive Honore of the beneficial enjoyment required by the statute". Respondent further asserts that the executors could have made an interim accounting of Mr. de St. Aubin's estate but chose not to do so. Respondent contends that such an interim accounting would have exempted the estate from the application of the amended version of EPTL section 11-2.1(k) but cites no controlling authority. In addition, respondent states: Petitioners appear to take the untenable position that even if it is determined that those administering Ovide's Estate breached their duty to the income beneficiary, and that the Modern Globe stock should have been converted or made income producing at an earlier date, there is no remedy available to the income beneficiary because the amended statute applies. We reject respondent's argument. The legislature supplied a clear effective date for the amended statute. Further, respondent concedes that New York does not require interim accountings. In addition, respondent has presented this Court with no precedent from New York or from any other jurisdiction to support the argument that we may and should supply an alternative effective date for the StatePage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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