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DENCKLA v. INDEPENDENCE FOUNDATION

181 A.2d 78 (1962)

Katherine DENCKLA and Dorothy Stewart, Plaintiffs, v. INDEPENDENCE FOUNDATION (formerly known as Donner Foundation Incorporated), Robert Maes and Alexander F. Barbieri, Defendants, Robert Donner, Sr., Robert Donner, Jr., Margaret Donner Spencer, Joseph W. Donner, Carroll Donner Annan, William Donner Roosevelt and Curtin Winsor, Jr., Intervenors.

Court of Chancery of Delaware, New Castle.

May 22, 1962.

Attorney(s) appearing for the Case

John VanBrunt, of Killoran & VanBrunt, Wilmington, for plaintiffs. Richard K. Stevens and Fred C. Aldridge, Jr., of Stradley, Roman, Stevens & Young, Philadelphia, Pa., of counsel.

Howard L. Williams and Henry N. Herndon, Jr., of Morris, James, Hitchens & Williams, Wilmington, for defendants. Alexander F. Barbieri, of Erskine, Barbieri & Sheer, Philadelphia, Pa., of counsel.

Robert H. Richards, Jr., of Richards, Layton & Finger, Wilmington, for intervenors. James A. Fowler, Jr., and J. Bernard Quigley of Cahill, Gordon, Reindel & Ohl, New York City, of counsel.

SHORT, Vice Chancellor.

This action challenges the validity of a purported grant of fifty-five per cent of the assets of defendant Independence Foundation, a corporation of the State of Delaware, formerly known as Donner Foundation (Incorporated), to William H. Donner Foundation, Inc., a non-stock, charitable corporation of the District of Columbia. Plaintiffs are members of defendant Independence Foundation. On November 17...

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