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TRUSTEES OF L.C. WAGNER TRUST v. BARIUM SPRINGS HOME FOR CHILDREN, INC.

No. 9022SC402.

401 S.E.2d 807 (1991)

The TRUSTEES OF THE L.C. WAGNER TRUST, Plaintiffs, v. BARIUM SPRINGS HOME FOR CHILDREN, INC., Davis Hospital Foundation, Inc., Mitchell Community College, Gardner-Webb College, Joseph Forester Davis, John C. Davis, Louis M. Davis, Patricia Davis Hinton, Mary Davis Broyhill (Craig), Nell Davis McCoy, George C. Davis, Davis Hospital, Inc., Olivia Brown Thomas, H. Brown Kimball and John H. Gray III, Defendants.

Court of Appeals of North Carolina.

March 19, 1991.

Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice by Dewey W. Wells, Elizabeth L. Quick, and Mark E. Richardson, III, Winston-Salem, for defendant-appellant Barium Springs Home for Children.

Anderson & McLamb by Sheila K. McLamb, Shallotte, for defendant-appellant Mary Craig.

McElwee, McElwee, Cannon & Warden by E. Bedford Cannon, Statesville, for defendant-appellees Davis Hospital, Inc. and Davis Hospital Foundation, Inc.

Hamrick, Mauney, Flowers & Martin by Fred Flowers, Shelby, for defendant-appellee Gardner-Webb College.

Pope, McMillan, Gourley, Kutteh & Parker by William P. Pope, Statesville, for defendant-appellee Mitchell Community College.

Brinkley, Walser, McGirt, Miller, Smith & Coles by Walter F. Brinkley, Lexington, for North Carolina Child Care Ass'n, Inc., amicus curiae.

ORR, Judge.

Defendant Barium Springs Home for Children, Inc. (hereinafter "Barium Springs") raises four issues on appeal contending that the trial court erred in the following respects: (1) failing to find and conclude that Barium Springs is the proper beneficiary under the trust and considering evidence regarding changes at Barium Springs, (2) considering evidence regarding the testator's intent and applying the cy pres doctrine, (3) determining the Trustees...

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