National Ass'n for Cerebral Palsy, Inc. v. United Cerebral Palsy Ass'n

Opinion by

Mr Justice Day.

Plaintiffs in error will be referred to as either old National or new National. Defendants in error will be referred to as United.

This writ of error seeks to reverse the judgment of the district court which determined that United was entitled to a charitable bequest in the will of Viola Flatt under the cy pres doctrine. The court found that on the date of the death of the testatrix the organization specifically named in the will as “National Association for Cerebral Palsy, a Colorado corporation, Denver, Colorado,” was non-existent. The will was made in October 1951.…