Family business takes bitter turn

REHOBOTH, Del. — Dolle’s Candyland, a Rehoboth Beach landmark and one of Delaware’s iconic family-run businesses, is known for its famous saltwater taffy, homemade chocolates and other treats.

But while Dolle’s bright red sign serves as a beacon attracting thousands of sweet-toothed beachgoers to the Rehoboth boardwalk every summer, members of the family that founded the Delmarva candy empire are trying to solve a somewhat sour dispute.

A legal battle began last summer, when Constance Pachides Brinkley of Rehoboth Beach died at 86, leaving a will that disinherited one branch of the family.

Mrs. Brinkley was the oldest of three daughters of Macedonian immigrants Thomas and Theo Pachides, who, with Rudolph Dolle, opened a candy store in Ocean City, Md., in 1910. The business expanded to Rehoboth Beach in 1927.

Mrs. Brinkley and her sisters, Alexandra Pachides Ibach of Wilmington and Helen Pachides Holmgren of Rehoboth Beach, were equal shareholders of Dolle’s Realty, the corporation that owns the Rehoboth Beach property the business sits on.

A Chancery Court lawsuit the Ibach family filed earlier this year acknowledges Mrs. Brinkley had a falling out several years ago with Mrs. Ibach, who was estranged from her sisters because she was excluded from management of the corporation.

The dispute led to a 1989 will in which Mrs. Brinkley left her estate to Mrs. Holmgren, whom she also named as executor of her will. The duties of executor subsequently passed from Mrs. Holmgren, 83, to her only child and sole heir, Signe Murray, now president of Dolle’s Realty.

In 1996, Mrs. Brinkley added a codicil to her will that gives a taste of the bitterness she felt toward her estranged sister.

“It is my express wish and desire that no Ibach family member, including my sister Alexandra Ibach, is to attend my funeral,” she wrote.

The codicil also directed that if Mrs. Holmgren died before Mrs. Brinkley, her estate was to be sold and the proceeds split between the American Cancer Society and the city of Rehoboth Beach “in order to repay them for the many years of opportunity afforded to me and my family.”

After Mrs. Brinkley died, Mrs. Ibach and her two children, Thomas Ibach and Carol Ibach Straus, contested the will. They said Mrs. Brinkley had a change of heart after attending the 2001 funeral of Fred Ibach, Alexandra’s husband.

According to the lawsuit, Mrs. Brinkley and Mrs. Holmgren renewed communications with the Ibach family, and Mrs. Brinkley had a lawyer draft a new will early last year, naming her sisters and their children as beneficiaries.

The lawsuit contends Mrs. Holmgren and her daughter, “acting either in concert or individually,” interfered and prevented Mrs. Brinkley from executing the new will, and that the 1989 will and its 1996 codicil are therefore void.

The plaintiffs have asked the court to declare the 1989 will invalid and appoint a third party as executor.

“But for the defendants’ conduct, Connie [Brinkley] would have executed the 2004 will,” the plaintiffs argue.

“My clients deny any and all of [the lawsuit’s] allegations,” said Stephen Spence, a lawyer representing Mrs. Holmgren, Mrs. Murray and Mrs. Brinkley’s estate.

Arthur Connolly III, whose law firm represents the Ibachs, said his firm’s policy is not to comment on pending litigation.

While the two sides have tried to settle the dispute for almost a year, the negotiations took a turn last month when Alexandra Ibach died after a brief illness.

“Alexandra’s death clearly changed the tenor of the talks dramatically,” said Mr. Spence, who says he is confident the matter will be settled out of court.

According to a recent filing, the parties plan to update the Chancery Court by tomorrow on the status of talks and how they wish to proceed.

“We’ve been talking since Connie died, and we’re still talking,” said Thomas Ibach, president of the candy business, Dolle’s Candyland Inc.

“We’re getting there; I think we’ll be settled soon,” Mr. Ibach said.

Georgetown lawyer George “Buck” Smith drafted the 2004 will for Mrs. Brinkley. He referred calls to Mr. Spence.

“It exists,” Mr. Spence said. “The whole question is what does it mean when a person drafts a will they never sign?”