Wilber v. Owens

65 A.2d 843 (1949)

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Nature of the Case

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Facts

Bamford inherited wealth. Bamford created a manuscript discussing his views on philosophical and metaphysical issues. Bamford’s will included a trust the completion and publishing of the manuscript’s findings. The introduction to the work contained a dissertation by Bamford that those who inherited wealth should use it to benefit mankind. Bamford named Princeton University as the named beneficiary of the trust. Bamford created the Exton-Bamford Research Fund whose income was to carry forward the completion to publish for popular understanding the results of the research contained or outlined in' the testator's 'manuscript entitled 'Random Scientific Notes seeking the Essentials in Place and Space.' When Bamford died, the Vice-Chancellor found the work to be unintelligible and of no scientific value. Since the express purpose of the trust was impossible to carry out it was deemed that Bamford had a general charitable intent and had created a valid charitable trust under the cy pres doctrine. Without wasting even a Nano-second, Princeton University funded the university’s scientific and philosophical research. Wilber (P), the executor, claimed Bamford lacked charitable intent and merely wanted the work completed and published. The court ruled against P and ordered P to release the funds to D.