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Wills, Trusts & Estates Keyed to Gallanis
In re Krooss
Citation:
99 N.E.2d 222, 47 A.L.R.2d 894 (N.Y. 1951)Facts
Herman Krooss died in 1932. He was survived by his wife Eliese and his two children, a son, John Krooss, and a married daughter, Florence Maue. By his will, he gave his residuary estate to his wife, to have and to hold the same for and during the term of her natural life, 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 bequeath all the rest, residue and remainder of my estate 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 iI 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 Maue died, without having had descendants, in 1947, three years before the life beneficiary Eliese.
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Estates and Future Interests