Trusts – Charitable Trusts – Ascertainment of Dominant Intent in Application of Cy Pres
Testator made a residuary bequest to the city of Detroit “for a playfield for white children.” The city agreed to accept this bequest if the racial restriction were removed under the doctrine of cy pres. In an action by the heirs to recover the bequest, the circuit court refused the application of the doctrine of cy pres although the city could not accept the gift unless it was permitted to establish a playfield for children of all races. On appeal, held, affirmed, by an evenly-divided court. Cy pres wiII not be applied in the absence of phrases in the wiII or evidence in the record indicating a purpose broader than the literal terms of the gift. La Fond v. City of Detroit, 357 Mich. 362, 98 N.W.2d 530 (1959).