In Re Fisk University

FRANK G. CLEMENT, JR., J.,

concurring in part and dissenting in part.

I concur with the majority’s decision to affirm the trial court’s grant of cy pres relief. I write separately to state that I respectfully disagree with the majority’s decision to reverse the trial court’s limitation of the funds awarded to Fisk University to $10 million and the corresponding requirement that the University establish an endowment with the remaining $20 million.

As we explained in our opinion in the first appeal of this matter, Georgia O’Keeffe Foundation (Museum) v. Fisk University, 312 S.W.3d 1 (Tenn.Ct.App.…