Application of Jones

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 Y.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 repairs to the Joslin Memorial Library in the Town of Waitsfield. The selectmen of the Town did not appear, and the Attorney General declined to…