Commerce Union Bank v. Warren County

DROWOTA, J. This action was instituted to obtain the construction of a testamentary trust created by the Will and Codicil of William H. Magness, deceased. Permission to appeal was granted by this Court solely on the issue of the application of the Rule against Perpetuities in this case. The Appellants, Defendants and Cross-Claim Plaintiffs below, are the heirs of William H. Magness. The Appellees are Warren County, Tennessee, a Defendant and trust beneficiary, an the trustees, who were the Plaintiffs below. The Salvation Army, the beneficiary of a trust created by the residuary clause, is also an Appellee. No dispute exists as to the facts of the case.