Bank of Delaware v. Smith

Seitz, Chancellor:

The issue raised by this request for instructions is whether the income beneficiary who is not the settlor of an inter vivas trust may, after having accepted the income therefrom for years, renounce or disclaim a portion of such income so as to make it available for the succeeding interest.

The testator died April 2, 1928, and his widow died July 12, 1946. One child, Claire Ellegood Smith, a defendant (“daughter”), was born of the marriage on December 27, 1886. She married Alexander H. Smith in 1920 and he died in 1933. She had one natural child, Winder (“Winder”) who was…