In re the Estate of McDonnell

John D. Bennett, S.

This is a motion for an order amplifying so much of this court’s decision of February 4, 1965, as stated that “ the executors may not satisfy the amount of the marital trust bequest in cash without adding to such bequest its proportionate share in the appreciation realized by the estate ” (Matter of McDonnell, 45 Misc 2d 57, 59).

Since the marital deduction legacy is an “ amount equal to the maximum marital deduction ”, there is no discernible fraction which would govern the widow’s rights in sharing in gains realized by the estate (see, e.g., Durbin, Marital Deduction…