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AMERICAN NAT. BANK & TRUST CO. v. AUMAN

746 S.W.2d 464 (1987)

AMERICAN NATIONAL BANK & TRUST COMPANY, Plaintiff-Appellee, v. Roger R. AUMAN, Jr., etc., et al., Defendants-Appellants.

Court of Appeals of Tennessee, Eastern Section.

Permission to Appeal Denied February 29, 1988.

Attorney(s) appearing for the Case

Scott N. Brown, Jr., and Donald Mart Lasley, Brown, Dobson, Burnette & Kesler, Chattanooga, for Bonny Oaks Foundation, Inc.

David W. Norton, Asst. Co. Atty., Chattanooga, for Hamilton County, Tenn.

Fred T. Hanzelik, Hanzelik & Associates, Chattanooga, for American Nat. Bank & Trust Co., Trustee.

Permission to Appeal Denied by Supreme Court February 29, 1988.

OPINION

FRANKS, Judge.

In this suit for a declaration of the rights of the parties under the Will of Inez Hyder, the chancellor determined the bequest "to Bonny Oaks School in Hamilton County, Tennessee" had "lapsed because said institution no longer exists". From this determination Hamilton County and Bonny Oaks Foundation, Incorporated have appealed, asserting "they are successors...

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