Legal Opinion

In re Mary Holbrook Russell Memorial Scholarship Fund

New York Surrogate's Court

Decided September 12, 2001Published

1Opinion of the Court

OPINION OF THE COURT

John B. Riordan, S.

This is a petition by the settlors/trustees of an inter vivos *199charitable trust for an order permitting them to terminate the trust under powers granted in an amendment. This case presents the fairly unusual situation where public funds were donated to an express charitable trust.

By instrument dated April 2, 1969 the settlors created a trust, the Mary Holbrook Russell Memorial Scholarship Fund, to provide scholarships to students at the Cathedral School of St. Mary, a school operated by the Cathedral of the Incarnation in the Episcopal Diocese of Long…

2Cases cited18 opinions

  1. Russell v. AllenSupreme Court of the United States · 1883
  2. Mercury Bay Boating Club Inc. v. San Diego Yacht ClubNew York Court of Appeals · 1990
  3. Alco Gravure, Inc. v. Knapp FoundationNew York Court of Appeals · 1985
  4. Richards v. WilsonIndiana Supreme Court · 1916
  5. In Re the Estate of WilsonNew York Court of Appeals · 1983

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