American National Bank & Trust Co. v. Auman

OPINION

FRANKS, Judge.

In this suit for a declaration of the rights of the parties under the Will of Inez Hyder, the chancellor determined the bequest “to Bonny Oaks School in Hamilton County, Tennessee” had “lapsed because said institution no longer exists”. From this determination Hamilton County and Bonny Oaks Foundation, Incorporated have appealed, asserting “they are successors in interest to the Bonny Oaks School and as such are entitled to the share left to Bonny Oaks School”.

The chancellor filed an excellent memorandum opinion and we adopt portions:

Inez Holder died on November 27, 1965,…