Liesse v. Fontaine

It is the first objection to the judgment in the trial court that the release of an expectancy as heir before the ancestor dies is void, since at the time the heir has no interest in the estate and there is nothing to release. This is the common-law rule and it is adhered to in a few jurisdictions.

In some of the cases holding this rule it is said that it is in harmony with the general policy of statutes providing for the distribution of estates and that such agreement on the part of the child may work serious disadvantage. But it seems to be the rule held by the great weight of authority that…