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HERMITAGE METH. HOMES v. DOMINION TRUST

Record Nos. 881353, 881354, 881390.

387 S.E.2d 740 (1990)

HERMITAGE METHODIST HOMES OF VIRGINIA, INC. v. DOMINION TRUST COMPANY, Trustee, etc, et al. The MILLER SCHOOL OF ALBEMARLE COUNTY v. DOMINION TRUST COMPANY, Trustee, etc, et al. SEVEN HILLS SCHOOL INCORPORATED v. DOMINION TRUST COMPANY, Trustee, etc, et al.

Supreme Court of Virginia.

January 12, 1990.

Attorney(s) appearing for the Case

R. Kenneth Wheeler (Francis M. Fenderson, Jr.; Thomas A. Cooper; Kane, Wheeler, Fenderson, Jeffries & Wolf, on briefs), for appellant, in Record No. 881353.

Judith B. Henry (Martin A. Donlan, Jr.; John William Crews; Donlan, Jr.; Crews & Hancock, on brief), for appellee Prince Edward School Foundation.

No briefs or arguments for appellees Dominion Trust Co., Trustee of the Testamentary Trust of Jack Adams, Deceased, The Miller School of Albemarle County, Seven Hills School Inc., Hampden-Sydney College and Mary Sue Terry, Atty. Gen. of Va.

Thomas J. Michie, Jr. (James P. Cox, III; Michie, Hamlett, Lowry, Rasmussen & Tweel, on brief), for appellant, in Record No. 881354.

R. Kenneth Wheeler (Francis M. Fenderson, Jr.; Thomas A. Cooper; Kane, Wheeler, Fenderson, Jeffries & Wolf, on brief), for appellee Hermitage Methodist Homes of Virginia, Inc., in Record No. 881354, 881390.

John T. Cook (Joseph C. Knakal, Jr.; Caskie & Frost, on brief), for appellant, in Record No. 881390.

Present: CARRICO, C.J., COMPTON, STEPHENSON, RUSSELL, WHITING and LACY, JJ., and HARRISON, Retired Justice.

COMPTON, Justice.

We consolidated three appeals arising from a single suit brought by the trustee of a charitable, testamentary trust. The trustee sought the trial court's aid and guidance in administration of the trust and in construction of certain racially discriminatory trust provisions applicable to private educational institutions. The provisions allegedly are unconstitutional and unenforceable.

In 1956, Jack Adams, a resident of Lynchburg, executed...

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