- 46 - a value of almost $400,000. Further, it would be reasonable to assume that Mr. de St. Aubin knew that decedent owned an additional $100,000 of insurance in his life. He also made her income beneficiary of both the marital trust and the residuary trust. Finally, he authorized the invasion of the principal of the residuary trust for her benefit. We find no evidence in the record to challenge the meaning of the explicit language in Mr. de St. Aubin's will. C. Alternative Arguments Respondent argues that the marital trust is entitled to share in the appreciation of the estate assets because, under New York State law, executors have a duty to distribute assets impartially among beneficiaries. In support of this argument, respondent again cites In re Bush's Will and its progeny. However, as discussed above, the In re Bush's Will line of cases was vitiated by EPTL section 2-1.9. See Estate of Goutmanovitch, 432 N.Y.S.2d 768, 774 (Sur. Ct. 1980); Estate of Lasser, N.Y.L.J., Nov. 20, 1987, p. 15 (Sur. Ct.). That statute was created to overrule the In re Bush's Will line of cases. See Fourth Report of the Temporary State Commission, N.Y. Legislative Document 1965, No. 19, Report No. 5.4.2A, p. 326 (stating that the In re Bush's Will result,Page: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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