Matter of Krooss
Court of Appeals of New York
99 N.E.2d 222 (1951)
Herman Krooss’s will gave his estate to his wife, Eliese, to hold and use during her lifetime. The will provided that upon Eliese’s death the remainder of the estate was to pass equally to his children, John and Florence, “absolutely and forever.” The will also provided that if either child should die before Eliese, leaving descendants, then those descendants should take the share the deceased child would have received. Florence died before Eliese, without leaving descendants. After Eliese’s death, Florence’s husband (plaintiff) brought an action against John (defendant), as executor of Eliese’s and Herman’s estates, seeking construction of Herman’s will. The Surrogate’s Court held that Florence’s remainder interest in Herman’s estate vested at the time of Herman’s death, and that her interest passed under her will. The Appellate Division reversed, holding that the remainder interests were contingent on the remaindermen surviving the life beneficiary, Eliese, and that because Florence did not survive Eliese, Florence’s interest reverted to Herman’s estate to be disposed of by intestate succession.
Rule of Law
Holding and Reasoning (Fuld, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 168,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.