Delaware Trust Co. v. Delaware Trust Co.

Seitz, Chancellor:

The principal issue is whether a power of appointment created by an inter vivos trust instrument was exercised in the trustor’s will.

This is a complaint for instructions by the executor and trustee under the will of Mary Blanche Carlisle Hirsch. All defendants have appeared by counsel except Carlisle Hubbard, Alice Mitchell Hubbard, Lulu C. Darby, John C. Darby and The First Church of Christ Scientist, Boston, Massachusetts, and a default judgment has been entered against them.

Mary Blanche Carlisle Hirsch (hereafter called the “trustor” or “testatrix”) entered into an inter…