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TRUSTEES OF WATTS HOSPITAL v. BOARD OF COM'RS

No. 740.

58 S.E.2d 696 (1950)

231 N.C. 604

TRUSTEES OF WATTS HOSPITAL et al. v. BOARD OF COM'RS FOR DURHAM COUNTY et al.

Supreme Court of North Carolina.

March 29, 1950.

Attorney(s) appearing for the Case

Fuller, Reade, Umstead & Fuller, Durham, for defendants Durham County and Board of Com'rs for Durham County, appellants.

A. R. Wilson, Durham, for defendant A. R. Wilson, guardian ad litem, appellant.

Victor S. Bryant and Robert I. Lipton, Durham, for plaintiffs-appellees.

ERVIN, Justice.

Equity looks at substance, and not form. When subsequent changes in conditions not anticipated by the creator of a trust threaten the destruction of the trust and the loss of the trust estate, a court of equity has power to modify the terms of the trust to the extent necessary to preserve the trust estate and to effectuate the primary purpose of the creator of the trust. Moses H. Cone Memorial Hospital v. Cone, 231 N.C. 292...

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