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Wills, Trusts & Estates keyed to Weisbord
Smithers v. St. Luke’s-Roosevelt Hospital Center
Citation:
723 N.Y.S.2d 426 (2001)Facts
R. Brinkley Smithers, a recovered alcoholic, devoted forty years to alcoholism treatment and understanding. In 1971, he pledged $10 million to St. Luke’s-Roosevelt Hospital Center to establish the Smithers Alcoholism Treatment and Training Center, explicitly retaining approval rights over project plans and staff appointments. The Hospital purchased a building at 56 East 93rd Street for a free-standing rehabilitation facility. Smithers remained actively involved in management, at times withholding funds when the Hospital failed to honor commitments. Only after receiving repeated assurances from Hospital President Gary Gambuti did Smithers complete the gift in 1983, establishing an endowment fund with specific restrictions. After Smithers’s death in 1994, the Hospital announced plans to sell the building, relocate the program to a hospital ward, and had been misappropriating endowment funds. Adele Smithers discovered these violations, notified the Attorney General, and ultimately sued as Special Administratrix of her husband’s estate to enforce the gift terms.
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