Chavin v. PNC Bank, Delaware

BERGER, Justice:

In this appeal, we consider the meaning of certain trust language. The disputed provision states that, upon the death of the settlor, the trustee shall transfer the remaining trust assets to the settlor’s son, “if he shall then be living.” The sole issue on appeal is whether “then” refers to the date of the settlor’s death or the date on which the trustee distributes the trust assets. We hold that, to give effect to the intent of the settlor, the trust must be construed to mean that the son had to be alive at the time of distribution in order to take under the trust.…