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 § 35-50-118 (repealed effective July 1, 2004).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.