Estate of Honore V. De St. Aubin, Deceased, Ovide E. De St. Aubin, Executor, et al. - Page 55

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             EPTL section 11-1.5 acts as a floor on the income to be                  
             received by beneficiaries such as decedent.  While it is                 
             not presently clear that respondent is correct, such a                   
             formulation would eliminate the double recovery issue                    
             raised by petitioners.                                                   
                  Petitioners note that the commentary in this area                   
             states that pecuniary dispositions in trust receive income,              
             whereas pecuniary dispositions not in trust receive                      
             interest.  See, e.g., Covey, Marital Deduction and Credit                
             Shelter Dispositions and the Use of Formula Provisions, 61-              
             66 (1984).  However, the statements offered by the                       
             commentators are merely conclusory.  These sources offer no              
             additional support for petitioners' argument.                            
                  Finally, petitioners assert that, even if EPTL section              
             11-1.5 were applicable to all testamentary dispositions,                 
             decedent would be ineligible to receive interest under that              
             statute.  They argue that she was coexecutor of her                      
             husband's estate and at least acquiesced to the actions of               
             her son in administering the estate.  Therefore, they                    
             argue, she was at least partially responsible for the delay              
             in funding of the trust.  Petitioners assert that, under                 
             New York law, this involvement by Mrs. de St. Aubin would                
             make her ineligible for an interest award.  New York law                 
             clearly states the contrary.  The New York Court of                      





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