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IN RE TRUST B UNDER AGREEMENT OF WELLS

No. 5 WAP 2023.

311 A.3d 1057 (2024)

IN RE: TRUST B UNDER AGREEMENT OF RICHARD H. WELLS DATED SEPTEMBER 28, 1956 Appeal of: V.M.I. Foundation, Inc.

Supreme Court of Pennsylvania.

Decided: March 21, 2024.

Attorney(s) appearing for the Case

Charles Joseph Avalli, Esq. , George H. Roberts, Esq. , Robert Daniel Weinberg, Esq. , for Appellant.

Kristen Mary Del Sole, Esq. , Porter Wright Morris & Arthur LLP, James Christopher Martin, Esq. , Reed Smith LLP, Margaret E. W. Sager, Esq. , for Appellee PNC Bank, Trustee.

Anthony Thomas Kovalchick, Esq. , Timothy Michael Mazzocca, Esq. , Claudia M. Tesoro, Esq. , Pennsylvania Office of Attorney General, for Appellee Commonwealth of Pennsylvania.

TODD, C.J., DONOHUE, DOUGHERTY, WECHT, MUNDY, BROBSON, JJ.

OPINION

In 1965, Richard H. Wells created a perpetual charitable trust (the "Trust") for the sole benefit of his alma mater—the Virginia Military Institute ("VMI"). VMI is a public university located in Lexington, Virginia. Wells named as the Trust's beneficiary the Virginia Military Institute...

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