State v. First Wisconsin National Bank of Oshkosh

The trustee puts three arrows to its bow in seeking to enlarge the geographical limits of the trust agreement from the city limits to the school district limits. Two arrows fall short of the target, and the third cannot be fitted to this bow.

I. Cy pres doctrine.

At the hearing, the trustee contended that the cy pres doctrine warranted the amendment of the trust agreement to include inhabitants and residents of the school district living outside the city limits. The trial court agreed. Cy pres is the common-law doctrine, 3 codified by statute in this state, 4 that, provides “ ‘. . . when a…