Proceedings of the Board of Regents (1914-1917)

I52

APRIL MEETING, I915

so changed that the precise method pointed out for doing
this cannot be followed. To undertake to carry out the provision literally would actually tend to defeat the object of
the testator. The slight change proposed by the committee,
namely, making examinations in Greek optional, would, on
the other hand, enlarge the number of persons eligible to
the scholarship, and would thus increase the number of those
who, by reason of the scholarships, would be aided and stimulated to continue classical subjects. Undoubtedly some of
those who receive the scholarships upon examination in
Latin only would begin the study of Greek in the University.
I am of the opinion, therefore, that the proposed changes
would not constitute a violation of the spirit and fundamental intent of the trust. The gift is within the scope of
what are known as charitable gifts in this state, and hence
the Cy pres doctrine is applicable, if indeed the proposed
change is not within the scope of the trustees' discretion as
defined in the cases on this subject in this country. I may
cite as pertinent cases
Cook v. Univ. Convention, 138 Mich. 157
Mills v. Newberry, 112 Ill. 123
Barnard v. Adams, 58 Fed. R. 313
Beekman v. Bonsor, 23 N. Y. 298
In re Brown L. R. I8 Chancery Division 6I
Story's Equity Jurisprudence, section 291
Pomeroy's Equity Jurisprudence, section 1026-28
The same reasons apply to the less important and very
minor deviation proposed with reference to the second
clause. As the testator provides that one-fourth of the
student's time shall be devoted to the study of Greek and
Latin, and the committee provides that he shall take at least
four hours in Latin during the tenure of the scholarship, it
may fairly be said that substantial compliance with the requirement of the will is provided for in recommendation of
*the Sanders-Bonner communication.
HENRY M. BATES,
Counsel for the Regents
Dated April 15, 1915.
Following the presentation of Dean Bates's opinion, the
recommendations of Professor Bonner and Professor Sanders, with respect to the administration of this fund, were
concurred in.
At this point the Board adjourned for lunch.