Legal Opinion · Dissent

Matter of Estate of Reed

Wyoming Supreme Court

Decided June 27, 1977No. 4648Published

1DissentMcCLINTOCK, Justice

The majority concede that “[gjenerally speaking, the right of a testamentary beneficiary to renounce or decline a bequest is recognized and, ordinarily, his motives are immaterial,” but treat the renunciation as a conveyance and conclude “that all of the badges of fraud, present here, joined with the circumstance of the record’s failure to explain any good faith and show consideration, establishes an actual intent to hinder and delay the judgment creditor, the appel-lee. By that determination, we must therefore conclude that the transfer by renunciation was a fraudulent conveyance as a matter…

2Cases cited15 opinions

  1. Martinovich v. MarsicanoCalifornia Supreme Court · 1902
  2. Kalt v. YoungworthCalifornia Supreme Court · 1940
  3. Chever v. Ching Hong PoyCalifornia Supreme Court · 1889
  4. Church v. QuinerWyoming Supreme Court · 1924
  5. Stringer v. MillerWyoming Supreme Court · 1959

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