Cowden v. Sovran Bank/Central South

OPINION

ANDERSON, Justice.

We granted the defendants’ application for permission to appeal in order to determine whether the testator intended a charitable trust to terminate upon the merger of the original-named beneficiary into a successor charitable institution that carries on the same work as the named beneficiary. The plaintiffs’ action alleges that a testamentary trust established by the will of William H. Magness (the “testator”) had terminated under its terms, and thus reverted to the testator’s estate for distribution to the plaintiffs as his heirs at law. Three of the remaining…