Equitable Trust Co. v. Proctor

Pearson, Vice-Chancellor:

The trustee asks instructions concerning the effect of a renunciation by the testatrix’ husband, Ernest William Proctor, of his rights under the will. The children of the testatrix contend that the husband’s renunciation of the right to trust income during his life accelerated their succeeding beneficial interests. On behalf of the grandchildren, this contention is opposed.

Mrs. Proctor died in April, 1942. Her will was probated later in the same month. She gave her residuary es- • tote to Equitable Trust Company, in trust. The terms of the trust which are concerned in…