Bank of Delaware v. Bank of Delaware

WOLCOTT, Chief Justice.

This case involves a trust in which the settlor left a life estate to his daughter and the remainder to his “next of kin” in the event his daughter should die without issue. The settlor predeceased his daughter, and the daughter died without issue. The basic issue in this case is whether, in construing the trust instrument, the set-tlor’s next of kin should be determined at the time of settlor’s death or at the time of the life tenant’s death.

The Court of Chancery entered summary judgment in favor of the next of kin as determined at the date of the life tenant’s death.…