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JAMES EMMET TOWER MEM. FUND, INC. v. RUTLAND HOSP., INC.

No. 61-74.

340 A.2d 54 (1975)

JAMES EMMET TOWER MEMORIAL FUND, INC. v. The RUTLAND HOSPITAL, INC., et al.

Supreme Court of Vermont, Rutland.

June 3, 1975.

Attorney(s) appearing for the Case

V. J. Loveland, Rutland, for plaintiff.

Bloomer & Bloomer, Rutland, for Rutland Missionary Ass'n.

Ryan, Smith & Carbine, Ltd., Rutland, for the Rutland Hospital, Inc.

Sullivan & McCaffrey, Rutland, for Vt. Catholic Charities, Inc.

Before BARNEY, C. J., DALEY and LARROW, JJ., and SHANGRAW, C. J. (Ret.), Assigned.

LARROW, Justice.

The plaintiff Fund, a Vermont charitable corporation, brought action in the Rutland Superior Court under 14 V.S.A. § 2328, setting forth, without dispute, that circumstances have rendered its charitable trust impracticable of enforcement, and seeking a cy pres distribution of its funds to other organizations. After making extensive findings, the trial court ordered such distribution in equal shares to The Rutland Hospital, Inc. (Hospital...

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