IN RE ESTATE OF GILBERT
156 Misc. 2d 379, 592 N.Y.S.2d 224 (1992)
NATURE OF THE CASE: Executor (D) of defendant's father's estate, filed an action to have
beneficiary's (D)renunciation of his interests in the discretionary trusts of his father's
estate declared void.
FACTS: Settlor's will created two discretionary trusts for each of his four children, and
one trust for the benefit of his wife during her life. After the wife's death, the principal
of her trust was to be distributed in equal shares into the trusts of his children. One of
the children, Lester, disclaimed his interest in his father's estate. Lester had no issue at
the time he disclaimed. The executor of Settlor's estate, along with the guardian ad litem
for Settlor's minor grandchildren (P), filed this petition, arguing that Lester may renounce
his share only if, and at such time as, the trustees exercise their discretion to distribute
trust assets to him, and that his disclaimer in this case is therefore premature. The court
found that, despite the fact that the trust was discretionary, Lester had a current property
interest in it, and that his renunciation complied with the applicable statute.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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