New York Surrogate’s Court for New York County
592 N.Y.S. 224 (1992)
Peter Gilbert died with an estate worth over $40 million which he devised in part through an elective share trust for the benefit of his wife and through four trusts totaling the amount of his generation-skipping transfer tax exemption for the respective benefit of his four children. The four trusts for the benefit of his children were completely discretionary. His children were also the remainder beneficiaries of the elective share trust after his wife died. One of Peter’s sons, Lester (defendant), who had converted and moved to Virginia to live with a group of people who practiced his new religion, served on the executor of Peter Gilbert’s estate (Executor) (plaintiff) a notice renouncing his “dispositive share in the estate of Peter Gilbert.” The Executor commenced an action seeking a declaration that Lester’s renunciation was invalid. The Executor asserted that the renunciation violated the decedent’s intent to provide for his son, and that Lester had no interest to renounce because the trust was discretionary, and that he had no interest in the trust unless and until the trustee exercised its discretion and distributed income or principal. Additionally, the guardian ad litem argued that if Lester’s renunciation is valid, then the court should not allow the remainder interests in the trusts to be accelerated since any children Lester has in the future would lose their interest in the trust.
Rule of Law
Holding and Reasoning (Roth, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 240,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.