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DOCTRINE OF REMUNERATION OF RESIDUARY LEGATEES

There is a very respectable line of authorities holding
that where that portion of the estate which the widow's renunciation
leaves intact can be held together during her life
and the rents and profits therefrom applied toward remuneration
of the residuary legatees whom her election has injured,
this should be done,

See Jones v. Knappen (Vermont) 22 Atl. 630.

For a very excellent note by Mr. Henry P. Farnham collecting
the leading cases on this subject, see 14 L.R. A., pages
293-to-295.

The renunciation of the widow could not defeat the gift
of the remainder, but the latter becomes immediately accelerated,
charged however, with the equity in favor of disappointed devisees.

- Kirchner v. Kirchner, 127 N.Y. Supp. 299.

The general rule is, where a widow renounces provisions
of a will and elects to take under the law, and where devisees
and legatees are disappointed in realizing the provisions made
for them, by the widow, that the benefits renounced by the widow
are equitably applied as far as possible in compensating the
losses so sustained by her election. . . . As between other persons,
the will will be enforced as near in accordance with the
intention of the testator as it can be enforced.

-Pittman v. Pittman (Kan.) 107 Pac. 235.