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IN RE CHARITABLE TRUST, OSHKOSH FOUNDATION

No. 141.

61 Wis.2d 432 (1973)

213 N.W.2d 54

IN RE CHARITABLE TRUST, KNOWN AS THE OSHKOSH FOUNDATION: STATE and another, Appellants, v. FIRST WISCONSIN NATIONAL BANK OF OSHKOSH, Trustee, Respondent.

Supreme Court of Wisconsin.

Decided December 21, 1973.

Attorney(s) appearing for the Case

For the appellants the cause was argued by Stephen M. Sobota, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general, and John W. Pence, Oshkosh city attorney.

For the respondent there was a brief by Thompson & Thompson of Oshkosh, and oral argument by Andrew C. Thompson.

ROBERT W. HANSEN, J.

The trustee puts three arrows to its bow in seeking to enlarge the geographical limits of the trust agreement from the city limits to the school district limits. Two arrows fall short of the target, and the third cannot be fitted to this bow.

I. Cy pres doctrine.

At the hearing, the trustee contended that the cy pres doctrine warranted the amendment of the trust agreement to include inhabitants and residents of the...

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