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Delaware AG Is Not Indispensable Party In Suit Over Florida Trust for Delaware Residents

Delaware AG Is Not Indispensable Party In Suit Over Florida Trust for Delaware Residents

Delaware AG Is Not Indispensable Party In Suit Over Florida Trust for Delaware Residents

Florida court refuses to reopen litigation to allow Delaware Attorney General to intervene 10 years after judgment
It has been a long trail of litigation since Alfred L. DuPont, a resident of Florida, left a testamentary trust, that he required to be administered under Florida law, to establish The Nemours Foundation to provide care for “crippled children” who are residents of Delaware. In 1971, the trustees sought judicial interpretation in Florida in a suit to which the Attorney General of Delaware was not a party. The Florida court defined the term to include persons under 21 years of age who have been deprived of strength, activity or capability for use of any part of the body. In 1977, multiple suits were brought including one between trustees. The Delaware Attorney General sought to intervene and...

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