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Senator Bacon conveyed property to the city of Macon, Georgia to use for the creation of a public park for the exclusive enjoyment of white people. It was eventually determined that the park could not operate that way in Evans v Newton 382 U.S. 296 (1966). The issue is now one of what happens to the park; does it revert back to the heirs of the Senator or does the termination of the trust violate Negro citizens' rights to equal protection and due process. The Supreme Court of Georgia ruled that the park reverts back to the heirs and that cy pres does not apply.

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