Estate of Honore V. De St. Aubin, Deceased, Ovide E. De St. Aubin, Executor, et al. - Page 29

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             Respondent contends that, in these cases, "The inventory                 
             value of Modern Globe stock should be determined at the                  
             date the Trusts should have been funded."  Respondent                    
             argues that, because that date is a disputed matter of                   
             fact, petitioners' motion for summary judgment should be                 
             denied.  Respondent also appears to assert that the stock                
             was not "made subject to the trusts" until the trusts were               
             actually funded in 1984.  However, respondent concedes                   
             that, if the inventory value is to be determined as of                   
             Mr. de St. Aubin's date of death, petitioner's estate                    
             possessed no right to delayed income from the Modern Globe               
             stock.                                                                   
                  EPTL section 11-2.1(c)(1), which defines the point at               
             which the right to income arises, states:  "In the case of               
             an asset which becomes subject to a trust by reason of a                 
             will, it becomes subject to the trust as of the date of the              
             death of the testator even though there is an intervening                
             period of administration of the testator's estate."  An                  
             identical proposition has long been reflected in the case                
             law.  See, e.g., In re Bird's Will, 149 N.E. 827, 828 (N.Y.              
             1925); In re Stanfield's Estate, 31 N.E. 1013, 1014 (N.Y.                
             1892); In re Ahren's Estate, 196 N.Y.S. 313, 314 (App. Div.              
             1922); In re Will of Osterlof, 343 N.Y.S.2d 896, 898 (Sur.               
             Ct. 1973); In re Myers' Trust, 190 N.Y.S.2d 566, 571 (Sup.               





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