Phillips v. Board of Hospital Trustees

The issue in this equitable proceeding is whether to expand the terms of a trust on the ground that it has become impossible to expend the income of the trust.

There was a similar application to the circuit court in 1973. The significant terms of the trust, as amended by the court’s 1973 orders, are as follows: (1) the trust is administered by a committee designated in the last will of Louis G. Clarke; (2) the committee distributes trust income to "worthy Masons,” their wives, widows and daughters residing in Oregon, Washington and Idaho; and (3) the trust income is applied to hospital charges…