In Re Estate of Du Pont

OPINION

ALLEN, Chancellor.

In this action the Medical Center of Delaware, as the trustee of funds held under the will of the late Eugene du Pont, seeks judicial approval of a plan of expenditure of trust funds that is not expressly permitted or contemplated by the instrument under which it holds those funds. In making this request the Medical Center asserts that the expenditures that are expressly contemplated by the governing instruments are no longer practicable. It invokes the cy pres doctrine, as codified at 12 Del. C. § 3541, as support for its alternative proposal, which it claims will,…