TINNIN v. FIRST UNITED BANK OF MISSISSIPPI

No. 56051.

502 So.2d 659 (1987)

Charles A. TINNIN, Sr., Williard E. Tinnin, Edith Tinnin Simmons, and Miriam Tinnin Coleman v. FIRST UNITED BANK OF MISSISSIPPI, Trustee of the T.H. Hobgood and Allie R. Hobgood Educational Trust.

Supreme Court of Mississippi.

February 11, 1987.


Attorney(s) appearing for the Case

William C. Hammack, E. Gregory Snowden, Bourdeaux & Jones, Meridian, for appellants.

Robert M. Dreyfus, Jr., Goldman, Dreyfus & Primeaux, Meridian, for appellee.

Before HAWKINS, P.J., and ROBERTSON and SULLIVAN, JJ.


ROBERTSON, Justice, for the Court:

I.

This case tests our confidence in ourselves as a free pluralistic people. It also tests our fidelity to the rule of law.

On the one hand we are asked to decree that a charitable educational trust be administered in a racially nondiscriminatory manner, notwithstanding the testator's unmistakable language that the beneficiaries be "worthy" college students "who are of the caucassian [sic] race and ... none other...

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