duPont v. duPont

Seitz, Chancellor:

This is the decision after trial of the separate issue as to whether the defendant-husband’s remainder interests under the three spendthrift trusts involved would be available either through action by the defendant or by judicial process to meet any separate maintenance order which might be entered for the plaintiffs. The basis for this trial is found in the earlier opinion in this case, DuPont v. DuPont, 38 Del.Ch. 596, 157 A.2d 250.

The plaintiffs’ evidence showed that the defendant could borrow up to $75,000 over the next three years from Legatees Funding Corporation. This…