that the will created a fee simple determinable remainder to Salvation Army. Plaintiffs may not on appeal change their theory for quieting title that was presented to the circuit court. Capobianco v. Pulitzer Publishing Co., 812 S.W.2d 852, 860 (Mo.App.1991). Even assuming plaintiffs’ allegations sufficiently presented this claim to the circuit court, review of the will does not demonstrate that it created a fee simple determinable remainder to Salvation Army. See Duncan v. Academy of the Sisters of the Sacred Heart, 350 S.W.2d 814, 816-17 (Mo.1961); Fuchs v. Reorganized School Dist. No. 2, 251 S.W.2d 677, 679 (Mo.1952); Chouteau v. City of St. Louis, 331 Mo. 781, 55 S.W.2d 29 84, 200 S.E.2d 769, 780-81 (1973) (quoting Restatement (Second) of Trusts section 411 comments c, k (1959)) (<HOLDING>); W. Fratcher, Scott on Trusts section 399.3 (4
holding that if testamentary trust fails proceeds are distributed to the residuary legatee holding that cy pres could not be used to divert the proceeds of an educational trust to a civic association even though that associations activities were undoubtedly laudable holding that the trust fund doctrine was inapplicable where the corporation had filed bankruptcy holding that heirs at law of testatrix were not necessary parties to action where trust fails cy pres is inapplicable and the will contained a residuary clause and finding no basis to distinguish between the situation where the trust does or does not become operative holding that if the trust becomes operative thereafter fails and cy pres is inapplicable the devolution of the trust goes to the heirs at law and not to residuary legatees