IN RE ESTATE OF CRAWSHAW

No. 65,136

249 Kan. 388 (1991)

819 P.2d 613

In the Matter of the Estate of Chester D. Crawshaw.

Supreme Court of Kansas.

Opinion filed October 25, 1991.


Attorney(s) appearing for the Case

Richard D. Ewy, of Foulston & Siefkin, of Wichita, argued the cause, and Timothy B. Mustaine, of the same firm, was with him on the briefs for appellant Salvation Army of Wichita.

Daniel K. Diederich, of Kennedy, Berkley, Yarnevich & Williamson, Chartered, of Salina, argued the cause, and Thomas J. Kennedy, of the same firm, was with him on the brief for appellee Marymount Memorial Educational Trust Fund.

Paul S. Gregory, of Gregory & Gregory, of Osborne, argued the cause and was on the briefs for appellee Paul S. Gregory, Administrator with will annexed, of the Estate of Chester D. Crawshaw.


The opinion of the court was delivered by

SIX, J.:

This case involves the application of the cy pres doctrine to a testamentary trust. We are presented with a first impression review of K.S.A. 1990 Supp. 59-22a01, which codified the cy pres doctrine judicially recognized by this court.

The residuary legatee contending charities are the Marymount Memorial Educational Trust Fund (MMETF) and the Salvation Army.

The Salvation Army appeals, contending...

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