Morris v. Thomas

LEVINSON, Judge.

Plaintiffs appeal from the entry of summary judgment in favor of defendants. For the reasons that follow, we affirm. The relevant facts are summarized as follows: In 1980 the E.A. Morris Charitable Foundation (“the Foundation”) was created by Mr. E.A. Morris, for the purpose of supporting “charitable, religious, educational and scientific” enterprises. Plaintiffs (Mary Morris and Joseph Morris) are E.A. Morris’s wife and son. The Foundation was established with no members and with a five-member board of directors.

The initial board of directors consisted of E.A. Morris, his…