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In re Elizabeth J.K.L. Lucas Charitable Gift, 125 Hawai’i 351, 261 P.3d 800

Facts

The case arose from a charitable gift of land made by Elizabeth J.K.L. Lucas to HHS, which included use restrictions for an educational preserve. After Mrs. Lucas's death, her descendants, the Thompsons, resided on the land, and HHS found it impractical to develop the land as intended. HHS proposed a land exchange with the State and the Thompsons, which was initially denied by the Probate Court, leading to the appeal.

The underlying petition in this case stems from HHS's acquisition of an interest in certain land in the Niu Valley, obtained through a charitable gift.

Issue

Whether the doctrine of cy pres applies to modify the terms of a charitable gift of land when the original purpose becomes impracticable.

The Probate Court's rationale appears to invoke the gift over rule. A gift over is a provision that sets forth an alternative distribution in the event that the primary purpose of the charitable gift fails.

Rule

The doctrine of cy pres allows for the modification of a charitable gift when the original purpose is impossible, impracticable, or illegal to carry out, provided that the settlor had a general charitable intent.

The doctrine of cy pres 'permits a gift for a charitable purpose which cannot, for one reason or another, be carried out as directed by the donor, to be applied 'as nearly as may be' to the fulfillment of the underlying charitable intent.'

Analysis

The court determined that the Probate Court erred in concluding that the presence of a gift over provision precluded the application of cy pres. It found that the original purpose of the gift had become impracticable, and the general charitable intent of the settlor supported the application of cy pres to approve the proposed land exchange.

Conclusion

The Intermediate Court of Appeals vacated the Probate Court's judgment and remanded the case, instructing that the proposed land exchange be approved under the doctrine of cy pres.

Accordingly, we hold that the issue of whether the doctrine of cy pres is applicable is a question of law, reviewable de novo.

Who won?

Hawaiian Humane Society prevailed in the case because the court found that the application of cy pres was appropriate given the impracticality of the original charitable purpose.

The position of all parties on appeal is that the Probate Court erred in failing to apply cy pres to approve the proposed land transaction.

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