Hospital Authority v. First National Bank

Marshall, Justice.

This is a petition for declaratory judgment by trustees of testamentary trusts established under the will of W. Clair Harris.

Trust I of Item XIX of the testator’s will establishes a trust for the benefit of Winder-Barrow Hospital. Other trusts are established in the testator’s will for the benefit of Emory University and Georgia Baptist Hospital. The income from the trusts is to be distributed to the beneficiaries; in addition, the trustees are given discretionary encroachment authority.

Item XXXIX of the testator’s will provides that if these purely charitable trusts “lose…