Associate Alumni v. General Theological Seminary
Appellate Division of the Supreme Court of the State of New York
Action by the Associate Alumni of the General Theological Seminary of the Protestant Episcopal Church of the United States of America against the General Theological Seminary of the Protestant Episcopal Church of the United States to recover possession of a fund held by defendant as trustee for plaintiff. Submitted upon facts admitted! under the provisions of Code Civ.
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Action by the Associate Alumni of the General Theological Seminary of the Protestant Episcopal Church of the United States of America against the General Theological Seminary of the Protestant Episcopal Church of the United States to recover possession of a fund held by defendant as trustee for plaintiff. Submitted upon facts admitted! under the provisions of Code Civ. Proc. § 1279. The defendant is an educational institution devoted particularly to preparing students for the ministry. It received a charter from the legislature of this state in 1882, which was amended in 1868. Its government…
1Opinion of the CourtMcLAUGHLIN, J.
The fund in question was offered to the defendant by the Alumni Association upon certain conditions, and it was accepted by the defendant “upon the conditions” imposed. A valid trust was thereby created, and the defendant, as a trustee, thereupon became obligated, both legally and morally, to honestly and faithfully use and apply the fund and income therefrom according to the conditions imposed. Those conditions, so far as the same are in dispute, have never been changed, waived, or modified by the Alumni Association or this plaintiff, its successor in interest. It is true, some action was…
2Cases cited3 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Beardsley v. . JohnsonNew York Court of Appeals · 1890
- Rudolph v. Southern Beneficial LeagueNew York Supreme Court · 1889
3Cited by2 opinions
- Curtis & Barker v. Central University of IowaSupreme Court of Iowa · 1920
- Schroeder v. American National Red CrossWisconsin Supreme Court · 1934