In re the Estate of Roe

Joseph A. Cox, S.

The testatrix created a trust for the benefit of her husband in a principal amount equivalent to his intestate share with the trust remainder payable to a designated charity. The surviving husband renounced his interest in the estate within a reasonable time after the testatrix’ death. This was the husband’s privilege and the renunciation was effective (Albany Hosp. v. Albany Guardian Soc., 214 N. Y. 435; Matter of Suter, 207 Misc. 1002). Here we have none of the fact elements which existed in Matter of Wilson (298 N. Y. 398) and which caused the court in that case to hold a…