Wood v. Medical Research Foundation

This is a declaratory judgment action brought by plaintiffs, Dr. Wood and Dr. Starr, to determine whether funds from the will of Esther Eager given for research, development and education, under the direction of plaintiffs, may be used by them without regard to where the research, education or development occur. The trial court held that they could be so used. We reverse.

In 1964, plaintiffs performed heart surgery on Wesley Eager. He lived for 18 years after the surgery. He died in 1982. Following his death, his wife, Esther Eager, executed a will that included the provision that is the…