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  5. 277 A.D. 394 (1950)
 

MATTER OF KROOSS

277 A.D. 394 (1950)

In the Matter of the Compulsory Accounting of John H. Krooss, as Executor of Elise Krooss, Deceased Executrix of Herman Krooss, Deceased, and John H. Krooss, as Administrator C. T. A. of Herman Krooss, Deceased, Appellant. H. Peter Maue, as Executor of Florence K. Maue, Deceased, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

October 31, 1950.

Attorney(s) appearing for the Case

David Ecker of counsel (Michael J. O'Reilly with him on the brief; Hirleman, Vaughan & Ecker, attorneys), for appellant.

William Indursky of counsel (Jacob Neuthaler with him on the brief; Indursky & Neuthaler, attorneys), for respondent.

PECK, P. J., GLENNON, DORE, and SHIENTAG, JJ., concur.

VAN VOORHIS, J.

Testator Herman Krooss, whose will was probated April 9, 1932, without creating a trust, gave the residue of his estate to his widow, with directions to use the income for her own purposes, and to invade the principal, if in her judgment necessary, for her support and maintenance. Upon her death, which occurred March 13, 1950, testator had made the following directions:

"Upon the death...

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