- 29 - 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.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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