Security Trust & Safe Deposit Co. v. Farrady

Citations

• 9 Del. Ch. 306
• 82 A. 24
• 1912 Del. Ch. LEXIS 28

Syllabus

<p>Evidence held insufficient to show that the settlor of a trust mistook it to be a will.</p> <p>Where decedent made a will and settled a trust at the same time, proof of the making of the will was relevant as tending to show her intent to make the donation under the trust which became effective immediately and did not depend on her death.</p> <p>Declaration of a trust acceptance by the trustee and complete delivery of the subject matter to the trustee creates a valid trust; notice to the cestui que trust not being essential.</p> <p>' Absence of power of revocation reserved to the donor does not of itself invalidate a trust.</p> <p>* The absence of a power of revocation is not of itself prima facie evidence of a mistake.</p> <p>The burden of showing the intent and motive of the settlor of a trust is upon whoever attacks the validity of the settlement if it does not appear from the instrument creating the trust.</p> <p>' The irrevocability of a settlement may make it so unreasonable and improvident in a particular case as to justify the Court in setting it aside in order to relieve the settlor of the consequences of his improvidence or imprudence.</p> <p>Evidence held insufficient to show that an irrevocable gift under a trust was improvident or unreasonable.</p>