Law School Case Briefs
Start by searching for a case name or citation above.
Discover a Random Brief
MATTER OF GURNEY
Appellate Division of the Supreme Court of New York, Third Department (2017) | 152 A.D.3d 1122; 2017 NY Slip Op 05902; 59 N.Y.S.3d 587
TL;DR: A trustee sought to redistribute a closed school's trust gift to two other named beneficiaries. The parish and diocese sought alternative religious uses under cy pres. The court affirmed redistribution because the trust reflected an intent to support the particular local school rather than a general charitable purpose.
Legal Significance: The decision illustrates that a charitable gift's impossibility does not alone justify cy pres. The instrument, read as a whole, must reveal general charitable intent; geographic focus, a specifically identified institution, and evidence of the donor's particular attachment may support denying relief.