Houston v. Mills Memorial Home Inc.

Candler, Justice.

(After stating the foregoing facts.) The only question presented for determination by the writ of error is whether the will of Mary Ellen Kichardson created a valid charitable trust by the use of the language, “for the benefit of . . ‘An Old Falk’s Home.’ ” An affirmative answer will necessarily dispose of the present controversy, since it is not contended that the trial court’s disposition of the one-half interest in the trust estate under the doctrine of cy pres (Code, § 108-202) was erroneous, provided there was no lapse of this legacy. The plaintiffs in error take the…