Wachovia Bank & Trust Co. v. Plumtree School for Boys, Inc.

Hereinafter it will be convenient to refer to the appellant as the Board of Education, and the appellee as the Boys School.

The appeal of the defendant Board suggests some legal hurdles in the way of recovery by its codefendant, the Boys School, which, if insurmountable, might bring about a lapse in the legacy with no resultant benefit to itself.

The appellant contends that in three ways at least, either of them efficient, the Boys School has lost its corporate entity or capacity to plead in this action or take under the will: Through the act of the Secretary of State in suspending its…