Nugent Ex Rel. Saint Dunstan's Day School v. Saint Dunstan's College of Sacred Music

This is a complaint brought in the name of the Attorney General on the relation of Saint Dunstan’s Day School (the Day School). The relators pray that certain funds held by the defendant, Saint Dunstan’s College of Sacred Music (College of Sacred Music), be turned over to the Day School under the doctrine of cy-pres. The case was heard by a justice of the Superior Court, sitting without a jury, who entered a judgment dismissing the complaint. The Day School is now before this court prosecuting an appeal.

The College of Sacred Music is a charitable corporation, which was incorporated by the…