Matter Of Estate Of Wilson

425 N.E.2d 1228 (1983)

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Nature of the Case

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Facts

The Wilson trust was to aid five young men who had graduated from a certain high school. The Johnson trust was to be used for bright and deserving young men. The Civil Rights Office of the U.S. Department of Education lodged complaints against both trusts. The trial court found in the Wilson case the school superintendent's cooperation with the trustee violated neither federal law nor regulations nor equal protection. The Appellate Division found that the administration of that trust could not be enforced by its literal terms. It exercised its cy pres power to reform the trust by striking out the clause calling for school superintendent certification, thus permitting candidates to apply directly to the trustees. In Johnson, the school district declined to act as trustee and a private trustee was selected. The Appellate Division exercised cy pres on that trust as well holding that reformation by substitution of trustees would constitute state action and would violate the fourteenth amendment under equal protection. The Court then exercised its cy pres power to reform and eliminated the gender restriction.