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EVANGELICAL LUTH. CHAR. v. S.C. NAT. BANK

No. 24729.

329 S.C. 16 (1997)

495 S.E.2d 199

The EVANGELICAL LUTHERAN CHARITIES SOCIETY OF CHARLESTON, SOUTH CAROLINA (Franke Home) and Newberry College, Respondents-Appellants, v. The SOUTH CAROLINA NATIONAL BANK (n/k/a Wachovia Bank of South Carolina, N.A.), as Trustee of the Charitable Testamentary Trust Created Under the Last Will and Testament of John D. Miller, Jr., Deceased, Appellant-Respondent.

Supreme Court of South Carolina.

Decided December 29, 1997.

Rehearing Denied January 21, 1998.

Attorney(s) appearing for the Case

Donald B. Meyer, Scott W. Pitts, both of Moore and Van Allen, and William C. Cleveland, of Haynsworth, Marion, McKay & Guerard, Charleston, for Appellant-Respondent The South Carolina National Bank (n/k/a Wachovia Bank of South Carolina).

Jacquelyn L. Bartley, David W. Robinson, II, both of Robinson, McFadden & Moore, P.C., Columbia, for Respondent-Appellant Franke Home.

Robert M. Hollings, F. Truett Nettles, II, both of Hollings & Nettles, P.A., Charleston, for Respondent-Appellant Newberry College.

FINNEY, Chief Justice:

This is an action construing a testamentary trust. The circuit court first held that historic preservation of the exteriors of certain properties in the City of Charleston did not confer a sufficient public benefit so as to render a trust established for this purpose a charitable trust. In a second order, the court construed the trust and held that the Trustee had properly managed its assets. We reverse the first order, and affirm the second...

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