Young Women's Christian Ass'n of Asheville v. Morgan

BRANCH, Justice.

Defendant, Attorney General, contends that the trial judge erred in holding that the assets received from the estate of Anna Johnson Moorhead are held by plaintiff in fee simple, discharged of any trust. He argues that the assets are held in trust and that any relief granted should be by application of the cy pres doctrine.

This Court has consistently rejected application of the cy pres doctrine, as such. However, it has long recognized that the courts may exercise their equitable power, in proper cases, to modify a charitable trust so as to prevent its failure and so as to…