In re the Estate of Paine

OPINION OF THE COURT

Millard L. Midonick, J.

The question presented in this construction proceeding— whether a renunciation by the income beneficiary of a trust accelerates the remainder — has apparently been resolved in favor of acceleration by EPTL 2-1.11 (subd [d]) for decedent’s dying after its effective date (Aug. 11, 1977). In this case, however, the decedent died in 1951 leaving a will which he had executed in 1947. His widow renounced her interest in the residuary trust, which is the subject of this proceeding, as part of a judicially approved compromise which also provided for the…