- 56 - 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 EPTLPage: 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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