The trustee of an estate brought an application for the court's opinion, advice, and direction regarding a will provision that directed funds for awards or bursaries exclusively to 'Caucasian (white) male, single, heterosexual students' and a 'single, Caucasian white girl who is not a feminist or lesbian'.
The court declared the qualifications void as contrary to public policy because they discriminated on the basis of race, gender, marital status, and sexual orientation.
The court further held that the doctrine of cy-pres could not be applied to save the trust, as the testator had expressly provided that the gift should be deleted if the qualifications were found void for public policy.
