Surrogate Nora Anderson
Trustee Skovagaard sought cy pres relief in this uncontested proceeding regarding two trusts. Trustee claimed a portion of the trusts’ assets could not be distributed as dictated as the charity no longer existed. Cy pres was available when a court decided changed circumstances rendered the disposition of a gift impracticable or impossible. As such, the court must decipher the settlor’s general charitable intent. Under the terms of decedent’s trust the trust remainder was to be distributed in equal shares to two charitable institutionsthe Village Center for Care (VCC) and St. Vincent’s Hospital and Medical Center. The court noted St. Vincent’s closed in 2010, and Skovagaard sought authorization to divide the trusts assets intended for it into equal shares and distribute half to VCC and half to Mt. Sinai Hospital, which administratively absorbed St. Vincent’s Chelsea-Village program and continued to provide services to frail, home-bound elderly living below 59th Street in Manhattan. Skovagaard sought to limit the use of Mt. Sinai’s share solely in connection with its geriatric care and research program. The court noted such limitation was in accordance with the settlor’s expressed intent to support geriatric concerns, granting the petition.
