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HATCHER v. SO. BAPTIST THEOLOGICAL SEMINARY

No. 81-SC-315-DG.

632 S.W.2d 251 (1982)

J. T. HATCHER, W. S. Cooper, J. R. Pritchard, First Hardin National Bank & Trust, Movants, v. SOUTHERN BAPTIST THEOLOGICAL SEMINARY, Attorney General of Kentucky, Respondents.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing May 25, 1982.

Attorney(s) appearing for the Case

John L. Arnett, J. M. Collier, Elizabethtown, for movants.

Joseph E. Stopher, Boehl, Stopher, Graves & Deindoerfer, Louisville, Steven L. Beshear, Atty. Gen., Frankfort, for respondents.

PALMORE, Chief Justice.

The will of Mary Cofer Trigg, who died in 1973, provided for a trust fund to be called the Mary Cofer Trigg Trust Fund and enumerated the various assets of which it was to consist. Except as otherwise designated, the income was to be distributed among several named charities. Among the "otherwise designated" items in the enumerated list of assets was the following:

"Seven hundred (700) shares of common capital stock of the Citizens...

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