Graham Hospital Ass'n v. Talley

This action was brought by the plaintiff hospital association against the trustees of a charitable trust requesting that the assets of the trust be delivered to plaintiff under the doctrine of cy pres. The trial court held that, although the construction of a charitable hospital as directed by the settlor was inexpedient and impractical, nevertheless the doctrine of cy pres cannot be invoked prior to the expiration of the term of 15 years provided in the trust. Plaintiff appeals.

This litigation involves an irrevocable inter vivos charitable trust created on August 22, 1958, by Grant Keime.…