Estate of duPont
Pennsylvania Supreme Court
379 A.2d 570 (1977)
- Written by Sean Carroll, JD
Facts
Philip duPont’s will left one third of his estate in trust for his daughter, Frances Rust. DuPont appointed Fidelity-Philadelphia Trust Company (Fidelity) (plaintiff) as trustee. The will gave Rust a special power of appointment. Specifically, the will directed the trustee to pay the principal of Rust’s share “unto such of her children and issue of deceased children, and in such proportions as she may . . . direct.” In her will, Rust established a trust and appointed her surviving daughter Carroll (duPont’s granddaughter) as beneficiary for life, and then Carroll’s issue (duPont’s greatgrandchildren) as remainder beneficiaries. William Shore, Harry Devine, and Girard Trust Bank (Rust trustees) (defendants) were trustees for Rust’s trust. After Rust died, Fidelity filed an account in court. The trial court invalidated Rust’s appointment, holding that duPont’s will limited Rust’s power to, as of the time of her death, her living children or issue of her deceased children. Because Carroll was living at the time of Rust’s death, Carroll’s issue were not “issue of [Rust’s] deceased children.” As a result, Carroll’s issue were not eligible appointees under the terms of duPont’s will. The Rust trustees appealed.
Rule of Law
Issue
Holding and Reasoning (Roberts, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
