Wilber v. Owens
Supreme Court of New Jersey
65 A.2d 843 (1949)
William Bamford's will created a trust to fund completing and publishing his philosophical manuscript, whose introduction expressed his belief that the wealthy should use their inheritance to benefit humanity, with Princeton University as a named beneficiary. After Bamford died, Princeton's vice chancellor found the manuscript irrational and scientifically worthless but found Bamford nonetheless had a general charitable intent, and Princeton sought to apply cy pres to redirect the funds to its own scientific and philosophical research. The estate's executor, Wilber (plaintiff), sued Princeton's trustees (defendants), arguing Bamford intended only the manuscript's completion, not a broader charitable purpose; the lower court found a valid charitable trust and charitable intent and ordered the funds released to Princeton.
Whether a trustee may use the doctrine of cy pres to redirect trust funds to a general charitable purpose when the trust's specific purpose cannot be carried out, provided the settlor had a charitable intent.