In re the Estate of Leonard

Harry G. Herman, S.

In this proceeding initiated by the executors for the judicial settlement of their account, the testamentary trustee has filed a cross petition .which raises a question as to whether the marital deduction trust created under article ‘ ‘ third ’ ’ of the will is entitled to share in the appreciation of the value of the estate’s assets since the decedent’s death, a problem usually approached in terms of ascertaining whether the marital deduction trust is a “ fractional ’ ’ trust or a ‘1 pecuniary formula ’ ’ trust.

The courts have held that under a ‘ ‘ pecuniary formula ’ ’…