In Re the Estate of Crawshaw

The opinion of the court was delivered by

Six, J.:

This case involves the application of the cy pres doctrine to a testamentary trust. We are presented with a first impression review of K.S.A. 1990 Supp. 59-22a01, which codified the cy pres doctrine judicially recognized by this court.

The residuary legatee contending charities are the Marymount Memorial Educational Trust Fund (MMETF) and the Salvation Army.

The Salvation Army appeals, contending the district court erred in applying the cy pres doctrine. The Salvation Army reasons that the testamentary trust language evidenced a specific…