WILLS-RIGHT OF LEGATEE TO RENOUNCE TO DETRIMENT OF CREDITORS

A judgment creditor of an insolvent residuary legatee commenced supplementary proceedings to reach the legacy. While these proceedings were pending, some ten months after the will was probated, and after testifying that he had a one-third interest in the residuary estate, the legatee filed a formal renunciation of his interest. In the proceeding by the executors for a final accounting, the Surrogate's Court and the Appellate Division ruled that the renunciation was effective to divest the judgment debtor of his interest under the will. On appeal, held, reversed, two judges dissenting.

In re Wilson's Estate, 298 N.Y. 398, 83 N.E. (2d) 852 (1949).