Wesley United Methodist Church v. Harvard College

This is a bill in equity brought by the board of trustees of the Wesley United Methodist Church, as trustees under a charitable trust created by the will of one Harold E. Colson, seeking modification of the terms of the trust under the doctrine of cy pres. The defendant Harvard College did not file an answer, and the Attorney General waived his right to be heard. G. L. c. 12, § 8. The sole heirs at law of Harold E. Colson, Harold C. Guppy, Sr., and Mary F. Smith, contend that the doctrine of cy pres is inapplicable and that a resulting trust should be declared in their favor. The Probate…