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CHAVIN v. PNC BANK, DELAWARE

No. 175,2002.

816 A.2d 781 (2003)

Kenneth D. CHAVIN and Jeffrey M. Chavin, Plaintiffs Below, Appellants, v. PNC BANK, Delaware, a Delaware corporation, as Trustee of the Florence Chavin Trust u/a/d 9/12/91, as amended, and as Administrator of the Estate of Leslie Sanford Chavin and Harlan Miller, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: January 14, 2003.

Reargument and Rehearing En Banc Denied February 21, 2003.

Attorney(s) appearing for the Case

Peter S. Gordon, Grover C. Brown (argued), Robert A. Penza, and Peter M. Sweeney, of Gordon, Fournaris & Mammarella, P.A., Wilmington, for Appellants.

David J. Ferry (argued) and Rick S. Miller, of Ferry, Joseph & Pearce, P.A., Wilmington, for Appellee PNC Bank, Delaware, and Thomas Herlihy, III, and James F. Harker, of Herlihy, Harker & Kavanaugh, Wilmington, for Appellee Harlan Miller.

Before HOLLAND, BERGER and STEELE, Justices.

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...

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