Legal Opinion
In re Edward John Noble Hospital of Gouverneur
New York Supreme Court
Decided January 16, 2013Published
1Opinion of the Court
OPINION OF THE COURT
David Demarest, J.
In this special proceeding, petitioner Edward John Noble Hospital of Gouverneur, New York (Hospital), seeks an order pursuant to Estates, Powers and Trusts Law § 8-1.1 (c), modifying the terms of three trusts which benefit the Hospital to permit the principal of the trusts to be pledged as collateral, or, in the alternative, be paid directly to the Hospital to meet its financial commitments.
Applicable Law
EPTL 8-1.1 (c) is the codification of the equitable doctrine of cy pres, a French term meaning “as near as,” under which a court reforms a written…
2Cases cited11 opinions
- In Re the Estate of WilsonNew York Court of Appeals · 1983
- In re the Legacy Given by the Will of MillsNew York Surrogate's Court · 1923
- In re the Estate of BowneNew York Surrogate's Court · 1958
- In re the Estate of KraetzerNew York Surrogate's Court · 1983
- Episcopal Charities of Albany, Inc. v. Albany Medical Center—South Clinical CampusAppellate Division of the Supreme Court of the State of New York · 2006
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