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DUNBAR v. BOARD OF TRUST. OF GEORGE W. CLAYTON COL.

No. 23152.

461 P.2d 28 (1969)

Duke W. DUNBAR, Attorney General, State of Colorado, Plaintiff in Error, v. The BOARD OF TRUSTEES OF GEORGE W. CLAYTON COLLEGE; the George W. Clayton Trust Commission; and the City and County of Denver, Defendants in Error.

Supreme Court of Colorado, En Banc.

November 10, 1969.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John E. Bush, Asst. Atty. Gen., Denver, for plaintiff in error.

Williams, Erickson & Wallace, Alex B. Holland, Westel B. Wallace, Denver, for defendants in error.

PRINGLE, Justice.

This is an appeal from an order in the Denver Probate Court granting a petition for the application of the rule of cy pres filed jointly by the Board of Trustees of George W. Clayton College and the George W. Clayton Trust Commission. George W. Clayton College has, since shortly after the death of its founder in 1899, provided institutional care for qualified Colorado orphans. The will of George W. Clayton, which provides for the establishment...

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