In re the Estate of Urchs

Joseph A. Cox, S.

In Matter of Krooss (302 N. Y. 424) the testator bequeathed a remainder to his children with a proviso that, should either of said children die prior to the death of the life tenant “ leaving descendants ”, said descendants should take the share of their parent. In that decision it was held that the testator had conferred a gift upon each remainder legatee which would be divested only upon two conditions, the first, that the named remainderman die during the trust term and, the second, that there be descendents of the named remainderman to receive the gift. The language of…