Estate of Honore V. De St. Aubin, Deceased, Ovide E. De St. Aubin, Executor, et al. - Page 51

                                       - 51 -                                         

                  the personal representative refuses upon demand                     
                  to pay a disposition or distributive share, the                     
                  person entitled thereto may maintain an                             
                  appropriate action or proceeding against such                       
                  representative.  * * *                                              
                            *   *   *   *   *   *   *                                 
                       (d)  In any action or proceeding to compel                     
                  payment of a disposition or distributive share,                     
                  the interest thereon, if any, shall, in the case                    
                  of a disposition, be at the rate fixed in the                       
                  will or, if none is so fixed, in any case at the                    
                  rate of three percent per annum commencing seven                    
                  months from the time letters testamentary or of                     
                  administration are granted, unless the delay in                     
                  payment was unreasonable, in which case interest                    
                  shall be at the legal rate for the period of such                   
                  unreasonable delay.                                                 

                  EPTL section 1-2.4 defines a disposition as "a                      
             transfer of property by a person during his lifetime or                  
             by will."  EPTL section 11-2.1(d)(2) provides as follows:                

                       (d)  Income earned during administration of                    
                  a decedent's estate.                                                
                            *   *   *   *   *   *   *                                 
                  (2)  Unless the will provides otherwise, income                     
                  from the assets of a decedent's estate after the                    
                  death of the testator and before distribution,                      
                  including income from property used to discharge                    
                  liabilities, shall be determined in accordance                      
                  with the rules applicable to a trustee under this                   
                  section and distributed as follows: (A) to                          
                  specific beneficiaries the net income from the                      
                  property disposed of to them respectively; (B) to                   
                  all other beneficiaries, except beneficiaries of                    
                  pecuniary dispositions not in trust, the balance                    
                  of the net income in proportion to their                            
                  respective interests in the undistributed assets                    
                  of the estate computed at times of distribution                     





Page:  Previous  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  Next

Last modified: May 25, 2011