- 55 - 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 ofPage: 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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