Tenn. Code Ann. § 35-15-408
effective July 1, 2004
§ 35-15-408. Trust for
care of
animal
(a) A trust may be
created to provide for the care of an animal alive during the settlor's
lifetime. The trust terminates upon the death of the animal or, if the trust was
created to provide for the care of more than one animal alive during the
settlor's lifetime, upon the death of the last surviving animal. The trust may
not be enforced for more than twenty-one (21) years.
(b) A trust
authorized by this section may be enforced by a person appointed in the terms of
the trust or, if no person is so appointed, by a person appointed by the court.
A person having an interest in the welfare of the animal may request the court
to appoint a person to enforce the trust or to remove a person appointed.
(c) Property of a
trust authorized by this section may be applied only to its intended use, except
to the extent the court determines that the value of the trust property exceeds
the amount required for the intended use. Except as otherwise provided in the
terms of the trust, property not required for the intended use must be
distributed to the settlor, if then living, otherwise to the settlor's
successors in interest.
Tenn. Code Ann. § 35-50-118 (repealed
effective July 1, 2004).
§ 35-50-118 Animals
(a)
Any gift or devise under a will or trust having as its object the humane
treatment and care of a specific animal or animals designated by the donor and
testator shall be valid, even though it creates a perpetuity in such animal or
animals, or creates a condition subsequent that must be fulfilled before a
person is entitled to the outright receipt of the gift or devise. Such gift or
devise shall be considered an honorary trust, that is, one binding the
conscience of the trustee, since there is no beneficiary capable of enforcing
such a trust.
(b) Such gift or devise shall provide for the appointment of a trustee to
carry out the provisions of the trust, but in the event that no trustee or
successor trustee is named, the person designated as donee or devisee of such
gift or devise, or in the case such person is a minor, then the minor's court-
appointed representative, shall serve as trustee and hold such property in trust
for the benefit of such animal or animals.
(c) Any such trust shall terminate and any conditions shall be extinguished on
the death of such animal or animals or as provided for by will or trust, but in
all events, any such trust shall terminate twenty-one (21) years after the death
of the donor or testator.
