First Charter Bank v. American Children's Home

HUNTER, JR., Robert N., Judge,

concurring.

With regard to the application of cy pres, I reach the same result as the majority through a slightly different logic, which may have some importance to a future application of the doctrine of cy pres. Under N.C. Gen. Stat. § 36C-1-112 (2009), “[t]he rules of construction that apply in this State to the interpretation of and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property.” The court below, in my view, erred in selecting Station Assoc., Inc. v. Dare…