Jacobs v. Wilmington Trust Co.

Citations

• 9 Del. Ch. 400

Syllabus

<p>The intention of a testator, as ascertained from his will as a whole, controls, unless an imperative rule of law prevents.</p> <p>Where the power conferred on a testamentary trustee indicates personal confidence, it cannot be extended, in the absence of a statute; but where discretionary power is annexed to the office of trustee, and is intended to form an integral part of it, the power survives to the trustee succeeding the original trustee.</p> <p>Where the execution of a trust requires discretion, and the intention of testator is that the trust shall continue and survive the trustee named, the power may be exercised by a substituted trustee.</p> <p>Testamentary trusts must be construed reasonably according to the intention of testator, and the Court will not allow a trust to fail by the refusal of the trustee named to execute it, where the trust is so conferred as that it is reasonably certain that the testator intended that it should be exercised.</p> <p>The power conferred on a trustee of a will, declaring that-he shall care for and educate the testator’s daughter, and allow her such part of the income until she shall arrive at the age of thirty years, whether married or not, as in his judgment is necessary for her comfort, and if the trustee approves of her husband's moral character and business ability he may pay to her such part of the estate as his judgment shall approve, and directing the trustee, after closing the estate as administrator to hold the estate and pay the income from investments, is not personal to the trustee, and a substituted trustee may exercise the power.</p>