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In re Last Will and Testament and Trust Agreement of Moor

Delaware Court of Chancery
879 A.2d 648 (2005)


Facts

Betty Moor executed a will in Florida and a personal-property memorandum in Delaware. Moor died in Delaware. The will contained no choice-of-law provision but did include a pour-over provision directing the executors to distribute the estate’s residue to Moor’s revocable-trust beneficiaries (plaintiffs). The personal-property memorandum directed the executors to distribute specific items of personal property to five beneficiaries (defendants) identified in the memorandum. The memorandum also directed the executors to sell other items of personal property and distribute the money from the sale equally among these same beneficiaries. The trust beneficiaries challenged the memorandum’s directive to sell the property and distribute the money. The property-memorandum beneficiaries argued that the sale of property and distribution of money were proper. The trial court ruled for the property-memorandum beneficiaries.

Rule of Law

Issue

Holding and Reasoning (Strine, J.)

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