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Hermitage Methodist Homes v. Dominion Trust Co.
Citation:
387 S.E.2d 740 (1990)Facts
In 1956, Jack Adams executed a will establishing a charitable trust, later amended by a codicil in 1964. Adams died in 1968, and the will was probated. The trust provided that income would go to Prince Edward School Foundation “so long as” it admitted “only members of the White Race.” If Prince Edward ceased operations or admitted non-white students, the income would shift to Miller School under the same racial restriction, then to Seven Hills School, then to Hampden-Sydney College. The final beneficiary was Hermitage Methodist Homes, without racial restrictions. When the trust was created, Virginia Code § 55-26 validated charitable gifts for education of one race but not both. By 1987, all educational institutions had admitted black students, and Dominion Trust Company filed suit seeking guidance on whether the racial provisions were enforceable and which beneficiary should receive the trust income. The trial court ruled the racial provisions unconstitutional but allowed Prince Edward to continue receiving trust income.
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