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DENVER FOUNDATION v. WELLS FARGO BANK, N.A.

No. 05SC849.

163 P.3d 1116 (2007)

The DENVER FOUNDATION, Petitioner. v. WELLS FARGO BANK, N.A., Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 13, 2007.

Attorney(s) appearing for the Case

Sherman & Howard L.L.C., Christopher Lane, Bridget K. Sullivan, Denver, Colorado, Attorneys for Petitioner.

Baker & Hostetler LLP, Marc D. Flink, Casie D. Collignon, Denver, Colorado, Attorneys for Respondent.

Davis Graham & Stubbs LLP, Ted R. Sikora II, Victoria V. Johnson, Denver, Colorado, Attorneys for Amici Curiae Colorado Bankers Association; JPMorgan Chase Bank, N.A.; Valley Bank and Trust; Home State Bank; and First National Bank.

Chief Justice MULLARKEY delivered the Opinion of the Court.

Charles Sterne and Dorothy Elder Sterne created a charitable trust bequeathing, upon their deaths, a portion of their estate for the uses and purposes of The Denver Foundation, a philanthropic community trust, to be held in trust by the United Bank of Denver. After the Sternes passed away, The Denver Foundation requested Wells Fargo Bank, successor trustee to the United Bank of Denver, to transfer the Sternes...

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