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we glean the rule that pecuniary bequests not in trust are
subject solely to EPTL section 11-1.5 and not to EPTL
section 11-2.1. These cases do not support a holding that
other types of bequests are subject only to EPTL section
11-2.1 and not to EPTL section 11-1.5. None of these cases
gives any indication why the revisers of the New York
estate law broadened the interest provision, EPTL section
11-1.5, to be applicable to all "testamentary dispositions"
if they did not intend for it to apply to pecuniary
dispositions in trust.
Petitioners contend next that expansive application of
EPTL section 11-1.5 would lead to an absurd result. All
bequests except pecuniary bequests not in trust would
receive both income and interest. Pecuniary bequests not
in trust would receive only interest. Petitioners assert
that this "double recovery" for every bequest except
pecuniary bequests not in trust makes no sense. Further,
interest would accrue on residuary gifts, which may
themselves be the source of some interest payments.
However, petitioners again fail to explain why the
legislature chose to expand the language of the interest
provision to make EPTL section 11-1.5 applicable to all
"testamentary dispositions". We note here that respondent
has suggested the theory that the interest provision in
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