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Property Keyed to Merrill
Wilber v. Owen
Facts
William Brokaw Bamford made a manuscript that portrayed his philosophical and metaphysical views on particular issues. In Bamford’s will, Bamford created a trust to fund the completion and publication of the manuscript’s discoveries. Subsequently, Bamford’s wealth was inherited. In the introduction of the manuscript, there was a section that explained Bamford’s perspective that individuals who inherit wealth should use that wealth to benefit humanity. Further, in Bamford’s trust, Princeton University was a named beneficiary. Upon Bamford’s death, Princeton’s vice chancellor reviewed the manuscript and thought it to was irrational and lacking scientific value. At the same time, the vice chancellor decided that Bamford had a general charitable intent. Princeton University asserted the doctrine of cy pres to pay for the university’s scientific and philosophical research. Charles P. Wilber (“Plaintiff”), the will’s executor, brought suit against the trustees of Princeton University, which included John Owens (collectively known as “Defendants”). Plaintiff asserted that Bamford did not have charitable intent, but only had the intent for the manuscript to be completed and published. The lower court held that Bamford did have a charitable intent, and the trust did constitute a valid charitable trust. Thus, Plaintiff was required to give Princeton the trust funds for the advancement of its scientific and philosophical research.
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