Yivo Institute For Jewish Research v. Zaleski

874 A.2d 411 (2005)

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Nature of the Case

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Facts

Dr. Karski was a hero of the Polish underground during World War II. He was captured by the Nazis and tortured greatly. After attempting suicide to avoid disclosures that could have endangered the underground movement, Dr. Karski was taken to a Nazi-controlled hospital in critical condition. He was rescued from the hospital by members of the underground movement. Several lives were lost during the rescue effort and one rescuer, Zofia Hanuszkiewicz (Zofia), spent several years in a German prison camp for her involvement. Dr. Karski eventually emigrated to the United States. He spent much of his life attempting to mend the relationship between Jewish and non-Jewish Poles which had been fractured by events occurring in Poland during WW II. Dr. Karski developed a plan to memorialize both of them by creating an award to acknowledge Jewish authors of Polish origin. Dr. Karski entered into an agreement with YIVO to establish an endowment fund to provide an annual award of $ 5,000 to authors whose works focused on or otherwise described contributions to Polish culture and Polish science by Poles of Jewish origin. Dr. Karski formalized his pledge in a letter dated November 25, 1992. The endowment was to consist of a gift of $100,000.00 in cash to be made to YIVO in his will, or in cash and/or marketable securities of the same total market value during his lifetime. A second letter, identical to the first was signed on February 25, 1993. Eight months after writing the second Letter Agreement, Dr. Karski executed his will. He left all of his shares of Northern States Power (approximately 2,180) to be transferred (not sold) to P. At the time the will was executed, Northern States Power Company shares had a value of about $100,000. At the time of Dr. Karski's death, the shares were worth $113, 527.64. Along with others, Zofia, the woman who had helped rescue him from the hands of the Nazis was included in his will. From November 28, 1995, to January 22, 1996, Dr. Karski made a series of lifetime gifts of utility stocks to P consisting of 1,809 shares of New York State Electric & Gas Corporation, 2,300 shares of Ohio Edison Company, and cash. These gifts totaled $99,997.69. On February 7, 1996, he made a further gift of $2.31, bringing the total value of the gifts to P to exactly $100,000. He did not amend his will to reflect the inter vivos transfer of utility stock and cash. Dr. Karski died on July 12, 2000. The shares of Northern States Power Company remained an asset of his estate. D, as personal representative, denied P's request for payment of the bequest because Dr. Karski's earlier gift satisfied the legacy. P filed a Petition for Order Directing Distribution of Specific Bequest. The trial court and the appeals court ruled against P. P appealed.