- 53 - When recodifying the law in EPTL section 11-1.5, the State legislature amended the provision in a significant way. The word "legacy" was replaced with the term "testamentary disposition". EPTL section 1-2.4 defines a "disposition" as a "transfer of property by a person during his life time or by will." This broad definition clearly encompasses the transfer of assets in trust. Therefore, on its face, EPTL section 11-1.5 is applicable to the marital trust. In re Ahrens's Estate and Allen's Will offer no support for petitioners' assertion. Petitioners next argue that their stance is supported by recent case law stating the rules for pecuniary bequests not in trust. They cite In re Estate of Zalaznick, 389 N.Y.S.2d 736 (Sur. Ct. 1976); In re Lewine's Estate, 286 N.Y.S.2d 566 (Sur. Ct. 1968); and Estate of McKee, 504 N.Y.S.2d 394 (Sur. Ct. 1986). We disagree. McKee restates the rule that all bequests except pecuniary bequests not in trust share in the estate income under EPTL section 11-2.1. Estate of McKee, supra at 397. The parties fully agree on that point. Estate of Zalaznick and Lewine's Estate restate the rule that pecuniary bequests not in trust accrue interest under EPTL section 11-1.5. In re Estate of Zalaznick, supra at 738; In re Lewine's Estate, supra at 571. Of this, there is also no dispute. From these cases,Page: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Next
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