Legal Opinion
Frank O'DOnnell and Mary Artman v. The Dunspaugh-Dalton Foundation, Inc.
Court of Appeals for the Fifth Circuit
Decided March 5, 1968No. 24234_1PublishedCited by 4 opinions
1Opinion of the Court
SIMPSON, Circuit Judge:
Asserting diversity jurisdiction (Title 28 U.S.C. Sec. 1332) appellants brought their suit in the federal district court seeking a decree impressing a constructive trust in their favor upon all assets held by the defendant-appellee (Foundation).
Foundation is a charitable foundation created and appointed residuary legatee under the will and codicil of Ann V. Dalton, the aunt of the two appellants. It received and held some $6,000,000 in assets, primarily IBM stock. The complaint alleged the admission of the will and codicil to probate by the County Judge’s Court for Dade…
2Cases cited1 opinion
- Strickland v. PetersCourt of Appeals for the Fifth Circuit · 1941
3Cited by4 opinions
- Rice v. Rice FoundationCourt of Appeals for the Seventh Circuit · 1979
- Michigan Tech Fund, a Non-Profit Michigan Corporation v. Century National Bank of BrowardCourt of Appeals for the Eleventh Circuit · 1982
- Evelyn G. Dewitt and Mabel M. Dewitt v. Estelle R. Duce, Dallas W. Weaver and Mabel E. WeaverCourt of Appeals for the Fifth Circuit · 1979
- Daniel F. Rice, Jr. And Mary L. Rice v. The Rice Foundation, an Illinois Corporation, Daniel F. Rice, Jr. v. The Rice Foundation, an Illinois CorporationCourt of Appeals for the Seventh Circuit · 1979