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MILLS v. BALL

Nos. LL-460, LL-461.

383 So.2d 300 (1980)

William B. MILLS, As Trustee of the Jessie Ball duPONT Religious, Charitable and Educational Fund, a Testamentary Trust Created under the Last Will and Testament and Codicils Thereto of Jessie Ball duPONT, Deceased, Appellant, v. Edward BALL and the Florida First National Bank of Jacksonville et al., Appellees. The EPISCOPAL CHURCH IN the DIOCESE OF FLORIDA, INC., As Representative of a Class of Possible Beneficiaries under the Last Will and Testament and Codicils Thereto of Jessie Ball duPONT, Deceased, Appellant, v. Edward BALL and the Florida First National Bank of Jacksonville et al., Appellees.

District Court of Appeal of Florida, First District.

May 7, 1980.

Attorney(s) appearing for the Case

John H. Wilbur and Christine Rieger Milton of Milam & Wilbur, Jacksonville, for appellant Mills.

Stephen D. Busey of Smith, Hulsey, Schwalbe & Nichols, Jacksonville, for appellant Episcopal Church.

Delbridge L. Gibbs of Marks, Gray, Conroy & Gibbs, Jacksonville, for appellee Juhan.

John S. Miller, Jr., of Roberts, Miller, Baggett, LaFace, Richard & Wiser, Tallahassee, for appellees Edward Ball and The Florida First Nat. Bank.

OPINION ON MOTION FOR CLARIFICATION

McCORD, Judge.

The Episcopal Church in the Diocese of Florida, Inc., in its motion for clarification of our opinion in this cause, contends that the ruling of the opinion that a gift to the discretionary fund of a particular minister is a gift to the church with which he is affiliated, an institution, is at odds with the following statement contained in the opinion:

It follows that to qualify for future gifts...

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