WILLS - RIGHT OF CREDITORS OF TESTAMENTARY DONEE TO SET ASIDE HIS RENUNCIATION - RIGHT OF SURVIVING SPOUSE TO SHARE IN INTESTATE PROPERTY AFTER ELECTING TO TAKE UNDER WILL IN LIEU OF HER DISTRIBUTIVE SHARE
Swope, D. M.
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Abstract
Testator left all his real and personal property to his wife for life, and the remainder to his son and daughter in equal shares. The widow elected to take under the will in lieu of dower and other legal rights in the estate. The daughter renounced any right under the will, and seven months later filed a petition for voluntary bankruptcy. Her trustee in bankruptcy instituted this suit in equity to annul the renunciation.
Held, the daughter had the right to file an unconditional disclaimer of all benefits granted her under the will and her creditors cannot complain thereof; and secondly, the widow having accepted the provisions in the will in lieu of all other legal rights in the estate is not entitled to share in the part of the property passing by intestacy because of the rejection of benefits by another beneficiary. McGarry v. Mathis, (Iowa 1938) 282 N. W. 786.