In re Estate of Sterba

Decedent died, leaving a will nominating her son as executor. Court admitted will to probate and appointed son as executor. Son executed document entitled "partial disclaimer", alleging that in her will decedent devised her home and real estate in equal shares to her 4 children. Court properly ruled that a disclaimer of interest in certain devised real estate executed by son of decedent was invalid. Son's attempt to assign his interest in property to his sister barred him from disclaiming pursuant to Section 2-7(e) of Probate Act. As "Partial Disclaimer" did not truly disclaim son's interest, relation-back provision of Section 2-7(d) of Act was not triggered. (O'BRIEN and McDADE, concurring.)