- 38 - securities which have not enhanced in value in the same proportion as those he receives. * * * The executor must make distribution equitably and fairly as between himself and the trustee of the trust for the son. [Id. at 900.] In re Bush's Will spawned a line of cases in which the New York State courts effectively converted hybrid pecuniary bequests into fractional bequests by requiring use of the fairly representative approach. See In re McDonnell's Will, 263 N.Y.S.2d 653, 656 (Sur. Ct. 1965); In re Leonard's Will, 257 N.Y.S.2d 409, 411 (Sur. Ct. 1965); In re Inman's Estate, 196 N.Y.S.2d 369, 371 (Sur. Ct. 1959). However, in 1965, the line of cases propagated by In re Bush's Will was vitiated by the enactment of Personal Property Law 17-f, currently EPTL section 2-1.9 (hereinafter collectively referred to as EPTL section 2-1.9). In EPTL section 2-1.9(b)(2), New York adopted the aggregate approach of funding hybrid pecuniary bequests and implicitly disfavored the fairly representative approach directed by In re Bush's Will. EPTL section 2-1.9(b)(2) provides: (b) Unless the instrument expressly provides otherwise: * * * * * * *Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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