Petition of Rochester Trust Co.

The State’s counsel suggest that since literal compliance with the terms of the trust is impracticable, there being no Protestant charitable institution in Rochester, and since the will contains no provision for forfeiture in that event (see Keene v. Eastman, 75 N. H. 191, 193), the court should invoke its cy pres powers to effect as nearly as may be the general intention of the testatrix (see Restatement, Trusts; N. H. Annot., s. 399), and that this intention can be effectuated by instructing the trustees to bestow the fund in question upon some strictly Protestant charitable institution…