St. Joseph's Hospital & Medical Center v. Hansgen

*231OPINION

VOSS, Judge.

In this appeal we must construe a testamentary trust written in 1930. Since the time of the testator’s death circumstances have changed substantially so that the terms of the charitable trust are outmoded. The heirs of the testator ask us to hold that the trust has failed and the estate should be distributed to them. The beneficiary of the trust requests that we deviate from the terms of the trust by application of the doctrines of cy pres or equitable deviation.

FACTS AND PROCEDURAL HISTORY

Dr. Robert Wallace Craig was a physician who came to Arizona in 1898 suffering from…