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DU PONT v. EQUITABLE SECURITY TRUST COMPANY

122 A.2d 429 (1956)

Samuel Hallock DU PONT and Eve duPont Remer, Appellants, v. EQUITABLE SECURITY TRUST COMPANY, a corporation of the State of Delaware, Trustee, under a Trust Agreement dated August 26, 1929, Appellee, John H. Remer, Jr., and Elizabeth Wrenn Remer, Additional Appellees.

Supreme Court of Delaware.

May 1, 1956.

Attorney(s) appearing for the Case

William S. Potter and James L. Latchum, of Berl Potter & Anderson, Wilmington, and H. Ober Hess, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, for appellants.

Caleb S. Layton, of Richards, Layton & Finger, Wilmington, for appellee Equitable Security Trust Company.

Howard Duane, Wilmington, for appellees John H. Remer, Jr. and Elizabeth Wrenn Remer.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

SOUTHERLAND, Chief Justice, for the majority of the Court.

The questions before us are (1) whether an inter vivos trust agreement should be so construed as to create a remainder by implication in the issue of a beneficiary, and (2) if so, whether the remainder has failed.

On August 26, 1929 Samuel Hallock duPont and Elizabeth Ormond Wrenn duPont, his wife, having agreed to separate, entered into a trust agreement...

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