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eBook details

• Title: Michelle Dutra De Amorim v. Hughes Norment
• Author : Supreme Court of Delaware
• Release Date : January 14, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

MOORE, Justice: This is an appeal by Michelle Dutra de Amorim (Michelle) and a cross-appeal by Phaedra Hanson (Phaedra) from the judgment of the Court of Chancery on a petition for instructions regarding a trust created in 1972 for Donner Hanson (Donner) by his mother, Elizabeth Donner Norment. The trustees had requested resolution of several questions: whether Stephanie Hanson (Stephanie) and certain unnamed illegitimate children were issue as defined in the trust; whether Donner had effectively exercised a special testamentary power of appointment; whether specific trust conditions had been met to qualify Stephanie as an object of the power or as a taker in default of the power. The present Chancellor granted summary judgment on these issues, concluding that Donner did not validly exercise his power of appointment, and in default thereof the corpus and income were distributable to Phaedra and Stephanie as Donner's then living issue in accordance with the special meaning and intent of that term under the trust instrument. We agree with the Chancellor's Conclusions and affirm.

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