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COWDEN v. SOVRAN BANK/CENTRAL SOUTH

816 S.W.2d 741 (1991)

Charles Magness COWDEN, John A. Cowden, and Frederic Eugene Cowden, Plaintiffs-Appellees, v. SOVRAN BANK/CENTRAL SOUTH, Trustee, Southern Adventist Health and Hospital Systems, Inc., Kentucky-Tennessee Conference Association of Seventh-Day Adventists, Inc., Ernest Smallman, III, Co-Trustee, and C.K. McLemore, Co-Trustee, Defendants-Appellants.

Supreme Court of Tennessee, at Nashville.

September 16, 1991.

Attorney(s) appearing for the Case

Robert J. Warner, Jr., Davis W. Turner, Nashville, for appellants, Sovran Bank, Tennessee, trustee, and C.K. McLemore, co-trustee.

Douglas E. Jones, Helen S. Rogers, Nashville, for appellant, The Kentucky-Tennessee Conference Ass'n of Seventh-Day Adventists, Inc.

Frederic E. Cowden, Jr., Laura L. Chastain, Nashville, for plaintiffs-appellees.

OPINION

ANDERSON, Justice.

We granted the defendants' application for permission to appeal in order to determine whether the testator intended a charitable trust to terminate upon the merger of the original-named beneficiary into a successor charitable institution that carries on the same work as the named beneficiary. The plaintiffs' action alleges that a testamentary trust established by the will of William H. Magness (the "testator") had terminated under...

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