Matter Of Krooss

99 N.E.2d 222 (1951)

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Nature of the Case

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Facts

Herman died in 1932. He was survived by his wife Eliese and his two children, a son, John Krooss, and a married daughter, Florence Maue. He gave his residuary estate, real and personal, to his wife, with the power to use any part of it for her support and maintenance that she deemed necessary; no trust was created. The will further provided: 'Upon the death of my beloved wife, Eliese Krooss, I then give, devise and bequeath all the rest, residue and remainder of my estate, as well real as personal, and wheresoever situate, to my beloved children, John H. Krooss and Florence Maue, nee Krooss, share and share alike, to and for their own use absolutely and forever. 'In the event that either of my children aforesaid should die prior to the death of my beloved wife, Eliese Krooss, leaving descendants, then it is my wish and I so direct that such descendants shall take the share their parent would have taken if then living, share and share alike, to and for their own use absolutely and forever.' Florence died, without having had descendants, three years before the life beneficiary Eliese. D, Florence’s husband, as executor of his wife's estate, instituted the present proceeding in the Surrogate's Court of Bronx County to compel John Krooss (D), as executor under Eliese's will and as administrator c.t.a. of Herman Krooss' estate, to render and settle his respective accounts.