Estate Of Crawshaw

819 P.2d 613 (1991)

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Nature of the Case

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Facts

Crawshaw bequeathed the bulk of his estate to two residuary beneficiaries: D (15% of residue outright) and Marymount College (P) located at Salina, Kansas (85% of residue in trust). Crawshaw's will designated P as trustee of a testamentary trust with a purpose to provide loans to nursing and other students at Marymount. Crawshaw died and the will designated P as trustee of a testamentary trust with a purpose to provide loans to nursing and other students at Marymount. Marymount ceased operation on June 30, 1989. P filed a petition for an order directing administration of the trust. Alleging that Crawshaw manifested a general charitable intent, P requested the district court to apply the cy pres doctrine and requested the transfer of Crawshaw's testamentary trust funds to Marymount Memorial Educational Trust Fund (MMETF). D (1) denied general charitable intent; (2) objected to MMETF as a proper successor trustee; (3) alleged Crawshaw did not manifest charitable intent to benefit students attending colleges other than Marymount; and (4) asked the court to determine that the bequest should be distributed to D as the remaining beneficiary of Crawshaw's residuary estate. The residuary estate is valued in excess of $140,000.00. The termination of the nursing department and other departments and academic programs at P made the bequest to P impossible and impracticable of fulfillment. There was no alternate disposition if either charitable gift failed. The district court found that Crawshaw had general charitable intent to benefit nursing and other students. The will created its own separate trust fund and puts a name on it, indicating that these funds are to be provided under the name of the Crawshaws and given out in that manner. The method of giving the money was charitable in nature. The Court found that the Crawshaws had an intent to benefit nursing students and other students mainly because neither was a graduate of P. The court used cy pres and modified the trust and found that P was to administer the funds. D appealed. The court of appeals affirmed. D appealed.