YOUNG WOMEN'S CHRISTIAN ASS'N v. MORGAN

No. 125.

189 S.E.2d 169 (1972)

281 N.C. 485

YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF ASHEVILLE, NORTH CAROLINA, INC. v. Robert MORGAN, Attorney General, State of North Carolina.

Supreme Court of North Carolina.

June 16, 1972.


Attorney(s) appearing for the Case

Riddle & Shackelford by John E. Shackelford, Asheville, for plaintiff.

Atty. Gen. Robert Morgan, and Asst. Atty. Gen. Christine Y. Denson, for defendant.


BRANCH, Justice.

Defendant, Attorney General, contends that the trial judge erred in holding that the assets received from the estate of Anna Johnson Moorhead are held by plaintiff in fee simple, discharged of any trust. He argues that the assets are held in trust and that any relief granted should be by application of the cy pres doctrine.

This Court has consistently rejected application of the cy pres doctrine, as such. However, it has long...

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