Equitable Trust Co. v. Paschall

The Chancellor.

The question is, whether the trust fund of two. thousand dollars goes to the distributees of- Mary S. Der *89rickson under the intestate laws of Delaware by virtue of the trust instrument, or to the trustees under the will by virtue of the residuary clause.

Mrs. Derrickson in creating the trust in the two thousand dollars fund, reserved to herself the annual income during life and a power to appoint by her last will and testament, and in default of such last will and testament directed that the fund be paid to her distributees under the intestate laws. She thus chose to limit and…