Estate of Honore V. De St. Aubin, Deceased, Ovide E. De St. Aubin, Executor, et al. - Page 53

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                  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,              





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