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Estate of Crawshaw

Kansas Supreme Court
819 P.2d 613 (1991)


Facts

Chester Crawshaw’s will gave 15% of his estate to the Salvation Army, and 85% to Marymount College to be held in a perpetual trust in his name to provide loans to nursing students and other students at Marymount College. The will did not provide for an alternate disposition if either charitable gift failed. Crawshaw did not have a personal relationship with Marymount College. Marymount College stopped operating shortly after Crawshaw’s death. Marymount College (plaintiff) petitioned the court to apply the cy pres doctrine and transfer the trust funds to the Marymount Memorial Education Trust Fund (MMETF) for the benefit of nursing students at other institutions, arguing that Crawshaw had exhibited a general charitable intent to benefit students, and nursing students in particular. The Salvation Army (defendant) objected, and requested that the gift be distributed to the Salvation Army as the remaining beneficiary, arguing that Crawshaw did not have a charitable intent to benefit students at any college other than Marymount. The district court applied the cy pres doctrine, and ordered the gift to be transferred to the MMETF to be used for the benefit of students other than those at Marymount College. The court of appeals affirmed, and the Salvation Army appealed.

Rule of Law

Issue

Holding and Reasoning (Six, J.)

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