Northern Trust Co. v. Porte

13 N.E.2d 487 (1938)

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Nature of the Case

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Facts

Caroline died in 1913 and left a will with a trust for the benefit of her daughter, Francis for life. Francis was also given a general power of appointment and as a result of a lawsuit settlement agreed to use that power to appoint to her son Washington. Francis died in 1935, and her will established a trust with 2/3rds going to her daughter, Pauline for life, and after Pauline's death for the benefit of her descendants provided that upon the death of Pauline's last surviving child or 21 years after the death of the last surviving child whichever should happen first. The same provision was made for Washington with regard to the remaining 1/3rd of the estate. None of Pauline's children was in being at the death of Caroline. Washington is unmarried and has no children. This suit was instituted for damages for breach of the settlement contract.