In Re Borda Trust

DECISION

This matter comes before the Court by Joint Petition For Instructions and Orders In Aid of Construction of Trust filed by co-trustee Bank of America, N.A. ("Bank"), co-trustee Robert B. Gates, Esq., and beneficiary South County Hospital Healthcare System ("Hospital") relating to the Emilie Luiza Borda Trust.

I

Facts and Travel

The charitable trust at issue was established in 1967 pursuant to a trust agreement executed by Emilie Bell Obnovlenski-Thompson and Emilie Luiza Borda in memory of the latter's brothers. One of the stated purposes of the trust was to finance an "Extended Care…