In re Neher's Will

Ella Neher's will devised her home to the Village of Red Hook to be used as a hospital named for her late husband, appointing the village trustees to the hospital's managing board for the benefit of Red Hook's people. The trustees accepted the devise but later petitioned the Surrogate's Court, explaining they lacked the resources to build a hospital and that another hospital already served the community; they asked instead to use the property for a village administrative building honoring the same name. The Surrogate's Court denied the request as inconsistent with Neher's intent, and the Appellate Division affirmed before the Court of Appeals granted leave to appeal.