Scalfaro v. Rudloff

OPINION

Chief Justice CAPPY.1

In this appeal, we consider whether a trust instrument gave a joint settlor, who was also a joint trustee, the authority to revoke an inter vivos trust when he became the sole trustee upon the death of his spouse. For the following reasons, we conclude that the trust instrument is clear and unambiguous in stating that the power of revocation was to be exercised by the settlors jointly and not by either one of them as sole trustee. Accordingly, the order of the Superior Court is reversed.

Robert C. Rudloff (“Mr.[ ]Rudloff’) and Helen M. Rudloff (“Mrs. Rudloff’)…