Estate of Kruse

Bush, Ackley, Milich & Hallinan and Hartley H. Bush for Objector and Appellant.

OPINION

STONE, P.J.

Carl F. Kruse died January 15, 1955, leaving a will which named his wife, Irene I. Kruse, executrix, and bequeathed all of the income from a testamentary trust to her for life, commencing with the date of his death, with power to invade the corpus. The residue remaining upon her death was devised and bequeathed to Shriners' Hospital for Crippled Children, hereinafter referred to as "Shriners."

Shriners complain that the executrix made no accounting for income received during the administration, and that the court denied its request that she be surcharged with family allowance paid out of the corpus.

The will provides that all income from assets be distributed to the decedent's wife from the date of his death and during probate administration, directing his executrix to "make the same provisions for the beneficiary as provided in said trust." Thus the court found that Mrs. Kruse, as executrix, acted properly in paying the income to herself, as income beneficiary, and in excluding such items of income from her accounting.

Shriners' principal complaint, however, relates to the…