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Diocese Denied Bequest When Church School Had Closed

Diocese Denied Bequest When Church School Had Closed

Diocese Denied Bequest When Church School Had Closed

Divided NY Court says donor had intended a specific gift and did not show general charitable intent to invoke cy pres
An appellate court in New York has affirmed a Surrogate Court decision that a donor making a charitable bequest from her living trust intended to benefit a specific Catholic school that had been closed for several years and did not show a general charitable intent which would justify invoking the cy pres doctrine to divert the gift to the Catholic Diocese. The Court, by a vote of 4-1, has affirmed a Surrogate Court decision dividing the gift between two other residuary beneficiaries of the trust. Margaret E. Gurney died in 2015, leaving the residue of her estate 40% to the Fox Memorial Hospital, 40% to Hartwick College, and 20% to St. Mary’s Roman Catholic School, which had closed in 2011...

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