In Re Estate Of Ella W. Kalt

TRAYNOR, J. In 1932 Ella Kalt died leaving a will in which she bequeathed the residue of her estate to her two sons, Earl Kalt and Stanley Kalt, after making certain minor bequests to their wives and to her grandchildren. Stanley Kalt was appointed executor by the probate court pursuant to the terms of the will. Shortly thereafter two actions on promissory notes were commenced against Stanley Kalt, in his individual capacity, and his wife Loretta, by Leo Youngworth, administrator of the estate of R.F. Goings. Writs of attachment were levied upon the interests of Stanley and Loretta Kalt in the personal property belonging to the estate of Ella Kalt. Youngworth secured judgments of $1121.38 and $1239.91 against the Kalts and had the abstracts of the judgments recorded. He secured the issuance of orders for the examination of the judgment debtors under supplementary proceedings; hearings were held but no satisfaction of the judgments was obtained. Some four years elapsed. Then in 1936 Stanley Kalt in his individual capacity executed a written instrument entitled "Renunciation", as did his wife Loretta Kalt. Both instruments were filed in the records of the probate proceedings. By these renunciations Stanley and Loretta Kalt renounced any interest which they had in the estate of Ella Kalt as heirs, legatees, or devisees. The findings establish that the Kalts filed the renunciations expressly to defeat the collection of the judgments; they freely admitted that they executed the renunciations "because they realized that any share or interest which they might have in the estate and which would be distributed to them would be taken by the attaching creditor, and as long as they were going to lose it, they preferred to have Earl Kalt receive the share or interest in the estate which they, or either of them, might otherwise have."