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BOARD OF TRUSTEES v. UNKNOWN AND UNASCERTAINED HEIRS

No. 8215SC972.

306 S.E.2d 838 (1983)

The BOARD OF TRUSTEES OF the UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL v. The UNKNOWN AND UNASCERTAINED HEIRS, If Any, OF Lillian Hughes PRINCE, Decedent.

Court of Appeals of North Carolina.

September 20, 1983.

Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten by Asst. Atty. Gen., George W. Boylan, Raleigh, for plaintiff, appellee.

Northen, Little & Bagwell, by O. Kenneth Bagwell, Jr., Chapel Hill, for the defendants, appellants.

HEDRICK, Judge.

Defendants contend that the court erred in reforming, pursuant to N.C.Gen.Stat. Sec. 36A-53, the Lillian Hughes Prince Charitable Trust. N.C.Gen.Stat. Sec. 36A-53(a), the Charitable Trusts Administration Act, provides in pertinent part that:

[i]f a trust for charity is or becomes illegal, or impossible or impracticable of fulfillment... and if the settlor, or testator, manifested a general intention to devote the property to charity, any judge...

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