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In re Aker’s Estate, 21 A.D.2d 935, 251 N.Y.S.2d 144

Facts

The testator's will provided for successive life estates to his widow and daughter, with a bequest of $15,000 to the Methodist Episcopal Church of East Cobleskill upon their deaths. The church was operational at the time of the testator's death in 1926 but ceased services between 1939 and 1946. In 1948, the church was declared discontinued and abandoned by its parent body, which sold the church property in 1951. By the time the second life estate ended in 1958, the legatee was no longer in existence, leading to the dispute over the bequest.

The Church was a corporation and in existence and holding regular services at the date of testator's death in 1926, but regular services ceased sometime between 1939 and 1946; on April 10, 1948, the Church was declared discontinued and abandoned, by resolution of its parent body, the Troy Annual Conference, which thereafter, by deed of July 14, 1951, sold and conveyed the Church property. Thus, upon the termination of the second life estate on August 28, 1958 the legatee was no longer in existence and the gift failed.

Issue

Did the bequest to the Methodist Episcopal Church of East Cobleskill fail due to the church's discontinuation and abandonment prior to the termination of the life estates?

The appellant Conference contends, however, that the fund should nevertheless be paid to it upon application of the cy pres rule; but we are constrained to affirm the conclusion of the Surrogate's Court that the doctrine of cy pres cannot be invoked in this case because testator's charitable intent was restrictive and not directed to general charitable objectives.

Rule

The court applied the principle that a gift fails if the legatee is not in existence at the time the gift is to take effect, and that the cy pres doctrine cannot be invoked if the testator's intent was restrictive and specific.

Thus, the Surrogate properly found: ‘The intention of the testator * * * must have been to promote the conducting of religious services within the community, the furnishing of a place of worship, and the furnishing of spiritual guidance and instruction in the community.’

Analysis

The court determined that the legatee, the church, was not in existence when the bequest was to take effect, as it had been declared discontinued and abandoned. The court also found that the testator's intent was specific to the local church and its operations, which could not be fulfilled due to the church's extinction. Therefore, the cy pres doctrine, which allows for modification of charitable gifts to fulfill the donor's intent, was not applicable in this case.

Since the Conference, no doubt for good and practical reasons has declared the Church extinct and has impliedly admitted that there is no intention or possibility of carrying out this specific purpose and it appears that there is no direction which could be made by the Court which would accomplish this purpose, the legacy cannot be made effective within the intent of the testator.

Conclusion

The court affirmed the Surrogate's Court's decree, concluding that the bequest to the church failed because the church was no longer in existence at the time the gift was intended to take effect.

Decree affirmed, with costs to parties filing briefs, payable from the estate.

Who won?

The Surrogate's Court's decision was affirmed, with the parent body of the church losing the appeal due to the church's discontinuation and the specific intent of the testator.

Decree affirmed.

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