San Antonio Independent School District v. Division of World Missions

The charitable trust established by the last will and testament *478of Theodore M. Plummer is of a definite classification or type and hence subject to well established rules of construction. The trust may be classified as a “second taker” type wherein the settlor elects to provide for alternate beneficiaries himself in the event the provisions of the trust as to the primary beneficiaries cannot be carried out as contemplated by him, rather than have a court devise an alternative scheme of charitable distribution under the cy pres power. It is stated by Professor George G. Bo'gert, one of the…