APPLICATION OF JONES

No. 238-79.

415 A.2d 202 (1980)

In the Matter of Application of Charles K. JONES, Robert Bisbee and Elmer R. Mehuron, Trustees of the George A. Joslyn Library Fund.

Supreme Court of Vermont.

Motion for Reargument Denied April 24, 1980.


Attorney(s) appearing for the Case

Albert A. Raphael, Jr., Waitsfield, for petitioners.

Theriault & Joslin, Montpelier, for respondents.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.


LARROW, Justice.

The petitioners below, trustees under a 1913 trust agreement entered into by the settlor, George A. Joslyn (hereinafter called the private trustees), sought a cy pres order under 14 V.S.A. § 2328 authorizing a departure from the literal terms of the agreement on the grounds of impossibility or impracticality of enforcement. The general purpose of the trust, which contained limitations on annual expenditures, was for book purchases and building...

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