Trust of Gurney
New York Supreme Court, Appellate Division, Third Department
59 N.Y.S.3d 587 (2017)
Gurney's trust directed 20% of her estate to St. Mary's Roman Catholic School, but the school had closed and its grounds been sold four years before her death, without merging into another local parochial school; the church and diocese (defendants) argued cy pres should redirect that share to Catholic educational ministries, while the trustee (plaintiff) argued Gurney's intent was purely to support local Oneonta institutions, with no mention of her faith or gifts to the parish itself in the trust.
Whether the cy pres rule applies only if the document that created an impossible or impracticable gift shows general charitable intent, not intent to give only to a specific charity.