Harvard Trust Co. v. Frost

Lucia Ela, now deceased, by deed dated April 25,1896, constituted her sons, Walter Ela and Richard *320Ela, trustees for certain purposes which have since been accomplished. By the fourth clause it was provided that, after her death and after the death of Walter leaving no issue, the trustees were “to pay over one half of said fund to such persons and purposes as said Walter by his last will shall have appointed and in default of said appointment to such persons and purposes as said Richard shall by his last will hereafter made appoint, . . . .” By the eighth clause of the deed it was provided…