Estate of Honore V. De St. Aubin, Deceased, Ovide E. De St. Aubin, Executor, et al. - Page 56

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             Appeals, the highest court in that State, squarely                       
             addressed this issue in In re Estate of Crea, 266 N.E.2d                 
             815 (N.Y. 1971).  In that case, the court affirmed the                   
             reversal of the trial court's ruling that a coexecutor-                  
             beneficiary was not entitled to interest on her bequest                  
             under SCA section 218 because of her status as coexecutor.               
             The court reasoned as follows:                                           

                       Appellant also urges that she is entitled                      
                  to interest on her cash legacy because it was                       
                  not paid until nearly three years after letters                     
                  testamentary were issued.  The Surrogate denied                     
                  interest on the ground that appellant, as                           
                  coexecutor, was equally at fault with her brother                   
                  for the delay in paying the bequest.  The                           
                  Appellate Division, however, modified the decree                    
                  holding that under section 218 of the Surrogate's                   
                  Court Act appellant was entitled to interest at                     
                  the rate of 3% per annum.  We agree.  Though                        
                  section 218 vested the Surrogate with the                           
                  discretion to determine the reasonableness of                       
                  the delay as a factor in considering whether or                     
                  not the legatee was entitled to 6% interest, the                    
                  statute specifically provided for the imposition                    
                  of 3% interest where the legacy is not paid seven                   
                  months from the issuance of letters testamentary.                   
                  Thus, it was entirely proper for the Appellate                      
                  Division to allow 3% interest * * * [Id. at 817-                    
                  818.]                                                               
                       In re Estate of Zalaznick, 389 N.Y.S.2d 736, 738               
             (Sur. Ct. 1976) (citing Crea in holding that the same                    
             result obtains under EPTL section 11-1.5).                               
                  Petitioners have presented insufficient support to                  
             convince this Court that EPTL section 11-1.5 does not apply              
             to pecuniary bequests in trust.  In addition, if EPTL                    




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