STATE OF DEL. EX REL. GEBELEIN v. FLORIDA FIRST NAT. BANK

Nos. JJ-388, KK-170.

381 So.2d 1075 (1979)

STATE OF DELAWARE ex rel. Richard S. GEBELEIN, the Attorney General, Appellant, v. FLORIDA FIRST NATIONAL BANK OF JACKSONVILLE, Edward Ball, J.C. Belin, T.S. Coldewey, W.L. Thornton, Jacksonville National Bank, T. Edward Austin, Jr., As State Attorney for the Fourth Judicial Circuit of the State of Florida, Alfred duPONT Dent, William B. Mills, and the Nemours Foundation, Appellees. STATE OF DELAWARE ex rel. Richard S. GEBELEIN, the Attorney General, Appellant, v. Edward BALL, J.C. Belin, T.S. Coldewey, W.L. Thornton, William B. Mills, Alfred duPONT Dent, Florida First National Bank of Jacksonville, the Nemours Foundation, a Non-Profit Florida Corporation, and Jacksonville National Bank, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 21, 1979.


Attorney(s) appearing for the Case

John F. Corrigan, of Corrigan, Werber & Moore, Jacksonville, Richard S. Gebelein, Atty. Gen., Vincent J. Poppiti, State Sol., State of Delaware, Wilmington, Del., for appellant.

Fred H. Kent and William L. Durden, of Kent, Sears, Durden & Kent, E. Earl Zehmer, of Bedell, Bedell, Dittmar & Zehmer, T. Edward Austin, Jr., A. August Quesada, Jr., of Wildt, Quesada, Brock & Skinner, Claude Ogilvie, Jacksonville, for appellees.

Robert L. Shevin, Atty. Gen., Randy Schwartz, Asst. Atty. Gen., amicus curiae.


MILLS, Acting Chief Judge.

The Attorney General of Delaware (Delaware) appeals from an order of the trial court dismissing his amended complaint against the trustees of the duPont Trust with prejudice and from an order denying Delaware's motion to intervene in a separate suit involving the duPont Trust. The appeals were consolidated for review.

Alfred I. duPont died testate on 29 April 1935, and his will created the duPont Trust. Under the terms of the trust...

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