Allen, Admr. v. City of Bellefontaine

OPINION

By GUERNSEY, J.

While there was 'some evidence offered on behalf of the defendant Nettie A. McClain, tending to prove that the execution of the trust created under the will, is expedient and practicable, the overwhelming evidence is to the effect that the literal execution of the trust as created in the will, is inexpedient, impracticable and impossible.

The rule relating to the cy pres doctrine is as follows:

“Where the literal execution of the trusts of a charitable gift is inexpedient or impracticable a court of equity will execute them, as nearly as it can, according to the original…