Will Of Carroll

8 N.E. 2d 864 (1937)

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Nature of the Case

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Facts

Elsa was granted the power to appoint to or among her children or any other kindred who shall survive her. At her death, leaving no descendants, her will appointed $5,000 to her brother and $250,000 to her cousin Paul Curtis to whom her prior will had appointed $50,000 and who had written Elsa promising to pay $100,000 of the $250,000 to Elsa's husband. The court found that this amounted to a fraud on the power and voided the appointment. The Appeals Court found that Curtis could retain the $150,000 but not the $100,000 intended for Elsa's husband.