Johnson v. Johnson

WRIGHT, J.,

— Following the issuance of a writ of execution on November 30, 1984, in the nature of a garnishment and the service of interrogatories addressed to the executrix of the estate, the executrix filed answers thereto asserting defendant-judgment debtor and a named beneficiary of the estate had no interest therein. This situation existed, not because there were insufficient assets, but-because after service but prior to the filing of answers the beneficiary on December 10, 1984, filed a disclaimer of his $6,000 legacy. We are asked to declaré the disclaimer filed in orphans’ court to…