Jan P. Otto, Joel C. Otto, and Nathan C. Otto, Below v. Robert W. Gore, Virginia G. Giovale, David W. Gore…

Summary

The Supreme Court of Delaware affirmed the Court of Chancery’s judgment rejecting all claims concerning the Pokeberry Trust. It held that the May Instrument was only a placeholder and never became a final, enforceable trust; the October Instrument governed, its formula was valid, and an adult adoption undertaken to alter the distribution did not make Jan C. Otto a trust beneficiary. The court also held that the mediation agreement was unenforceable and that Jan C. could not obtain unjust enrichment or specific performance because he was not a beneficiary and had breached the limited expense-reimbursement agreement.