In re the Accounting of Sturr

Headnote

Will — trust — death of remainderman after death of testatrix but before death of life beneficiary — when interest in estate not defeated thereby.

Matter of Williams (Sturr), 209 App. Div. 905 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 25, 1924, which modified and affirmed as modified a decree of the Orange County Surrogate’s Court settling the accounts of Ada C. Sturr, as trustee under the will of Catherine Williams, deceased, and directing distribution thereof. Respondent’s testatrix, Alberta L. Taylor, before her marriage was Alberta L. Sturr and a sister of Ada C. Sturr. Their father, George W. Sturr, was the life beneficiary of the trusts referred to in the fifteenth and twenty-third numbered clauses of the will of Catherine Williams, deceased. Both daughters of George W. Sturr were living at the time of the execution of the will and at the death of Catherine Williams. George W. Sturr had no other children, either before or after the death of Catherine Williams. While Alberta L. Taylor survived the testatrix, she failed to survive her father, the life beneficiary of the trusts in question, and the question was whether or not under the terms of the will her death before that of her father operated to defeat her interest in these trusts.