First National Exchange Bank v. Hughson

The opinion states that there is conflict of authority as to what facts and circumstances the chancellor should consider in deciding to renounce or not renounce the will for an incompetent, under the powers inherent in equity and not derived from a statute.

Between the courts on the one side which hold that the value of the estate should be the dominant consideration and those on the other which hold that weight should be given to various other considerations, the opinion quotes from 57 Am. Jur., Wills, section 1528, page 1039, the statement that there is general agreement that while monetary…