Estate of Honore V. De St. Aubin, Deceased, Ovide E. De St. Aubin, Executor, et al. - Page 57

                                       - 57 -                                         

             section 11-1.5 does apply in these cases, the question of                
             whether the marital trust is entitled to interest at 3                   
             percent or at the legal rate depends on the reasonableness               
             of the delay in funding.  That is a material issue of fact.              


             Therefore, petitioners' motion for partial summary judgment              
             will be denied with respect to this issue.                               

                                             An order will be issued                  
                                        granting in part and denying                  
                                        in part petitioner's motion                   
                                        for partial summary judgment,                 
                                        and denying respondent's                      
                                        cross-motion for partial                      
                                        summary judgment.                             

Page:  Previous  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57