Harvard Trust Company v. Attorney General

In the will of an American citizen of German extraction made in 1933 and providing in its third article for distribution of
a trust fund to beneficiaries who might and ultimately did include German nationals, the fourth article, providing that "If
there is any portion of the Trust Property which the Trustee is unable to distribute as hereinbefore provided I direct . .
. the Trustee . . . to distribute such portion . . . to my then heirs-at-law," indicated an intent of the testatrix to benefit
by the third article only those who could take personally; but such condition of personal benefit was not to be implied respecting
the gift to "heirs-at-law" under the fourth article. In a distribution of a trust fund pursuant to certain clauses of a will indicating by other provisions an intent of the testatrix
to benefit under such clauses only those who could take personally, German nationals whose interests thereunder but for such
other provisions would pass to the Attorney General of the United States as successor to the Alien Property Custodian by virtue
of a certain vesting order took nothing under such clauses and the Attorney General accordingly took nothing thereunder through
them.