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In re St. John’s Church of Mt. Morris, 263 N.Y. 638, 189 N.E. 734

Facts

Charles F. Swan, who died in 1910, left property in trust to St. John's Church for the establishment of a home for indigent females. In 1931, an order was made without the heirs' participation, allowing the church to sell the property and use the proceeds to support indigent females in various settings. The heirs learned of this order through a newspaper and subsequently sought to vacate it, which was denied by the Special Term.

Charles F. Swan, who died in 1910, left property in trust to St. John's Church for the establishment of a home for indigent females. In 1931, an order was made without the heirs' participation, allowing the church to sell the property and use the proceeds to support indigent females in various settings. The heirs learned of this order through a newspaper and subsequently sought to vacate it, which was denied by the Special Term.

Issue

Did the Supreme Court at Special Term have the power to apply the cy pres doctrine and make the order of November 9, 1931?

Did the Supreme Court at Special Term have the power to apply the cy pres doctrine and make the order of November 9, 1931?

Rule

The court applied the cy pres doctrine as provided by section 12 of the Personal Property Law and section 113 of the Real Property Law.

The court applied the cy pres doctrine as provided by section 12 of the Personal Property Law and section 113 of the Real Property Law.

Analysis

The court determined that the Special Term had the authority to apply the cy pres doctrine in this case, allowing the church to redirect the trust's income for the benefit of indigent females. The court found that the original intent of the testator could still be honored through the modified use of the trust funds.

The court determined that the Special Term had the authority to apply the cy pres doctrine in this case, allowing the church to redirect the trust's income for the benefit of indigent females.

Conclusion

The order was affirmed, with costs payable out of the trust fund.

The order was affirmed, with costs payable out of the trust fund.

Who won?

St. John's Church prevailed in the case because the court upheld its authority to manage the trust in a manner consistent with the testator's intent.

St. John's Church prevailed in the case because the court upheld its authority to manage the trust in a manner consistent with the testator's intent.

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