Covenant Presbytery v. First Baptist Church

I respectfully dissent.' The majority’s analysis in this case is fatally flawed. The majority begins its analysis by addressing the issue of whether the churches had a vested interest in the farmland upon Mr. Carpenter’s death. However, the initial inquiry should be to determine the- intent of the settlor. Carpenter | tflclearly intended to .create a charitable trust to which the circuit court properly applied the doctrine of cy pres. Accordingly, I would affirm the circuit court’s rulings.

Carpenter’s Will gives four family members each a one-fourth interest in the net farm rents during his…