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ORPHAN SOCIETY OF LEXINGTON v. BOARD OF EDUCATION

437 S.W.2d 194 (1969)

ORPHAN SOCIETY OF LEXINGTON and Good Samaritan Hospital of Lexington, Kentucky, Appellants, v. BOARD OF EDUCATION OF LEXINGTON, Kentucky (Now Board of Education of Fayette County, Kentucky), Appellee.

Court of Appeals of Kentucky.

February 7, 1969.

Attorney(s) appearing for the Case

Foster Ockerman, C. Michael Miller, Martin, Ockerman & Brabant, Lexington, for appellants.

William E. Sloan, Wylie & Sloan, Lexington, for appellee.

Wallace, Turner & Trigg, Lexington, amici curiae.

DAN M. GRIFFITH, Special Commissioner.

The ultimate issue presented by this case is whether the Lincoln School in the west end of Lexington has "ceased to exist" within the meaning of that term as used in a deed of trust executed on the 13th day of March, 1911, and providing that the trust thereby created would terminate when the school "ceased to exist." The trial court held that the school had not "ceased to exist" within the meaning of those words used in the trust...

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