Boucher v. Johnson

Bois, J.,

with whom Grimes, J., joins, dissenting:

I would hold that the defendant effectively withdrew her renunciation and that her motion for a directed verdict should havé been granted.

The majority opinion declines to consider the issue of withdrawal on the ground it was not effectively raised below. The record indicates however that in her motion for a directed verdict the defendant argued she never “effectively released control of the joint bank account,” and the plaintiff requested an instruction (which was denied) on the irrevocability of a renunciation. In my opinion the issue was…