- 43 - 2-1.9(b)(2) imposes a ceiling as well as a floor on a hybrid pecuniary bequest. E.g., Estate of Guterman, supra; Estate of Goutmanovitch, supra. But see Estate of Lasser, supra (honoring the ceiling supplied by EPTL section 2-1.9(k)(2)). However, the question of whether the executors are authorized to distribute appreciated assets is not before this Court. Rather, the issue at hand is whether the executors are required to distribute such assets. After considering the language of EPTL section 2-1.9, its legislative history, the case law, and the expert commentary on this subject, we hold that New York law directs use of the aggregate approach of funding hybrid pecuniary bequests (unless the will or other governing instrument expressly provides otherwise). b. Intent As stated above, the provisions of EPTL section 2-1.9(b)(2) apply "Unless the instrument expressly provides otherwise". EPTL sec. 2-1.9(b). Petitioners argue that Mr. de St. Aubin's intent is clearly consonant with the application of EPTL section 2-1.9. They assert that the choice of a hybrid pecuniary bequest with a floor indicates that he did not wish to obligate the executors to distribute to the marital trust a share of the appreciation of thePage: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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