Daggett v. Children's Center

Advice of the court is sought by the successor trustees of a charitable fund as to whether they may continue to pay income to a designated institution, notwithstanding certain restrictions contained in the original trust agreement relating to the religious affiliation of the institution’s managers.

In 1864, certain prominent citizens of New Haven and nearby towns established a “Permanent Fund” to aid “in supporting destitute and orphaned children of the Town of New Haven and its vicinity.” The subscribers provided for trustees who would choose their successors perpetually. The plaintiffs are…