Frank A. Wright, a resident of Keene, died on October 29, 1929, and within his will, probated November 4, 1929, was language establishing a charitable scholarship trust requiring that eighty percent of the annual income on the principal shall be used to provide a college education for some poor and worthy Keene boy who is a scholar in the Keene High School, said boy to be recommended by the Principal of the Keene High School and approved by the Board of Education of the Union School District or its successors. The Wright Scholarship has generally been awarded every four years, including in 1982, 1986, and 1988.
Maurice A. Alger, also a resident of Keene, died on February 28, 1970, and within his will, probated March 6, 1970, was similar language establishing a charitable scholarship trust requiring that thirty percent of the annual income on the principal shall be used to provide tuition for one year for some worthy protestant boy who is a scholar at the Keene High School, to attend some college in good standing, said boy to be recommended by the principal of the Keene High School and approved by the Board of Education of the Union School District or its successors. The Alger Scholarship has been awarded in the amount of $3,400 annually for five out of the last six years.
From the record and the agreed statement of facts, there is no indication that a female student has ever applied for a scholarship under either of the trusts. There is no independent information available to the high school principal to verify the religious affiliation of the applicants. It is unclear whether any non-Protestant students have applied for or have been awarded a scholarship under the Alger trust. The principal of the Keene High School assumes that the applicants have read the requirements of the scholarship and have applied according to its terms. Once the students have applied, the school board selects who shall receive the scholarships based upon the recommendation of the principal of Keene High School. The awards are announced during an assembly, and the funds are provided from the trust funds which are held by the City of Keene Trustees of Trust Funds. There currently are, and most likely will continue to be, students at the Keene High School who meet both the Wright and Alger Scholarship requirements.
On October 8, 1987, the School Board of the Union School District of Keene filed a petition in equity seeking the removal of the discriminatory provisions. At trial, the Superior Court (Hollman, J.) reformed the language of the trusts, utilizing its cy pres powers to replace the terms boy and protestant boy with the term student. The Attorney General, Director of Charitable Trusts, appealed, presenting two questions to the New Hampshire Supreme Court.
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