Matter of Krooss
Court of Appeals of New York
99 N.E.2d 222 (1951)
Herman Krooss's will gave his wife Eliese a life estate, with the remainder passing 'absolutely and forever' to his children John and Florence upon her death, but included a further clause providing that if either child died before Eliese leaving descendants, that child's share would instead pass to those descendants. Florence died before Eliese but left no descendants; after Eliese's death, Florence's husband (plaintiff) sued John (defendant), the estates' executor, seeking a court construction of Herman's will. The Surrogate's Court held Florence's remainder vested at Herman's death and passed under her own will, but the Appellate Division reversed, holding the remainders were contingent on surviving Eliese, meaning Florence's interest instead reverted to Herman's estate for intestate distribution since she predeceased Eliese.
Whether, when a will creates a vested remainder interest but provides that the interest will divest if certain events occur, that additional language renders the vesting of the interest contingent on those events not occurring.