This section contains the nature of the case and procedural background.

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.

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