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IN RE R.B. PLUMMER MEMORIAL LOAN FUND TRUST

Nos. S-02-463, S-02-464.

661 N.W.2d 307 (2003)

266 Neb. 1

In re R.B. PLUMMER MEMORIAL LOAN FUND TRUST. University of Nebraska Foundation, appellant, v. State of Nebraska, appellee. In re Karl Richard Wiese Student Loan Fund Trust. University of Nebraska Foundation, appellant, v. State of Nebraska, appellee.

Supreme Court of Nebraska.

May 23, 2003.

Attorney(s) appearing for the Case

Terry R. Wittler, of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., Lincoln, for appellant.

Don Stenberg, Attorney General, Leslie Levy, and, on brief, Christine Vanderford, for appellee.

HENDRY, C.J., CONNOLLY, GERRARD, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

The University of Nebraska Foundation (Foundation) appeals from orders of the county court denying its requests to revise the intent of two testamentary charitable trusts of two decedents. The trusts require income to be used for loans to students. The Foundation contends that there is inadequate student interest for loans from the trusts and argues that the doctrines of cy pres or deviation can be applied to allow income from the trusts to be distributed...

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