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COMMERCE UNION BANK v. WARREN COUNTY

707 S.W.2d 854 (1986)

COMMERCE UNION BANK, Trustee, and C. Dorris Rippy, Trustee, and Charles C. Trabue, Jr., Trustee, Plaintiffs-Appellees, v. WARREN COUNTY, Tennessee, Defendant-Appellee, v. Charles Magness COWDEN, John S. Cowden, Frederick Eugene Cowden, Ernest Smallman, III, Elizabeth Smallman Fisackerly, William Magness Smallman, Defendants-Appellants, v. The SALVATION ARMY, Defendant-Appellee.

Supreme Court of Tennessee, at Nashville.

March 24, 1986.

Attorney(s) appearing for the Case

Bob Lynch, Jr., Jane Ann Whitson, Nashville, for the Cowdens.

Michael Galligan, McMinnville, for the Smallmans.

William W. Berry, Jay S. Bowen, Nashville, Robert W. Boyd, McMinnville, for Warren County.

Charles C. Trabue, III, Nashville, for Commerce Union Bank.

Richard M. Riebeling, Nashville, for The Salvation Army.

OPINION

DROWOTA, Justice.

This action was instituted to obtain the construction of a testamentary trust created by the Will and Codicil of William H. Magness, deceased. Permission to appeal was granted by this Court solely on the issue of the application of the Rule against Perpetuities in this case. The Appellants, Defendants and Cross-Claim Plaintiffs below, are the heirs of William H. Magness. The Appellees...

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