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at the time of distribution to my said trustees shall be at
least equal to the amount of this bequest." Mr. de St.
Aubin further provided: "My Executors, hereinafter named,
shall have the power and sole discretion to satisfy this
bequest wholly or partly in cash or in kind and to select
the assets to be included therein". Thus, he clearly chose
the aggregate approach of funding the marital trust, which
is the basis for EPTL section 2-1.9.
We reject respondent's argument that Mr. de St.
Aubin's intent to provide for decedent overrides his
explicit instructions regarding the funding of the marital
trust. We doubt whether such a general intent, if it did
exist, would be sufficient to satisfy the proviso that EPTL
section 2-1.9 will be applicable "unless the instrument
expressly provides otherwise". EPTL sec. 2-1.9(b). In any
case, we find that Mr. de St. Aubin's will expresses no
intent to require that decedent share in the appreciation
of the estate assets.
Mr. de St. Aubin could have chosen to bequeath his
entire estate outright to decedent. He also could have
chosen to leave her a fractional bequest. He did not
choose to do so. Mr. de St. Aubin provided for decedent by
making extensive specific bequests to her, which ensured
that on his death in 1967, she would receive property with
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