In Matter of Wilson (298 NY 398 [1949]) the renouncing party had a restraining notice in place against him at the time his renunciation was prepared and filed. Both the Surrogate's Court and the Appellate Division found that the renunciation was nonetheless effective against the creditor. While the majority in Wilson does state that the renouncing party had a property right, the decision to reverse the lower courts and allow the attachment of the property rests on the court's determination that the proof established that prior to renouncing, the renouncing party's "both acceptance of it by passage of time and by word and conduct" resulted in "his power of renunciation being lost to him prior to his attempt to exercise it" (id. at 405). As noted by the dissent, the Court's holding is based on its conclusion that the record in that case confirmed the debtor had accepted the legacy (id.).