A dispute over the distribution of funds from the late Alfred I. duPont’s charitable trust has reached the Florida Supreme Court. The case involves Florida Attorney General Ashley Moody, representatives of the duPont trust, and Delaware Attorney General Kathleen Jennings.
The central issue is whether Delaware, duPont’s home state, has been receiving its fair share of the trust’s funds. A recent appeals court ruling sided with Delaware, allowing its attorney general to pursue a lawsuit claiming that a 50% limit on distributions to states other than Delaware had been violated.
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The duPont Trust and the Nemours Foundation, a nonprofit providing pediatric medical care, were established in Florida. However, duPont’s will specified that Delaware’s children and elderly should be prioritized in the distribution of funds. A 1970s settlement further reinforced this, limiting spending outside Delaware to 50% of the trust’s annual distributions to Nemours.
In 2017, Delaware sued the trust and Nemours, alleging a breach of contract and trust duties. Florida intervened in support of the trust and foundation. While lower courts initially dismissed Delaware’s claims, an appeals court overturned those rulings, prompting the current appeal to the Florida Supreme Court.
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The outcome of this legal battle will determine how the funds from the duPont charitable trust are distributed and whether Delaware’s claims of being shortchanged will be upheld.
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