Associate Alumni of the General Theological Seminary of the Protestant Episcopal Church in the United States v. General Theological Seminary of the Protestant Church in the United States
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The defendant' is an educational institution devoted particularly to preparing students for the ministry.
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Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. 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 1822, which was amended in 1868. Its government under the charter, as amended, is vested in a board of trustees, whose authority in turn is, during a recess of the board, delegated to a standing committee. In 1832 certain of the alumni of the defendant organized a voluntary unincorporated association under the…
1Opinion of the Court
McLaughlin, 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 *150obligated, 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 successors in interest. It is true,…
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
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