Surrogate Rita Mella
Trust income beneficiary, Regis High School (RHS), under decedent’s will, petitioned for reformation of one of two conditions upon which its interest depended, including being rated as superior by the Commission on Secondary Schools, Middle States Association of Colleges and Secondary Schools. In a prior cy pres petition, RHS argued the commission did not rate, but accredited schools, thus satisfaction of the condition was impossible. A decree provided accreditation of RHS by the commission would satisfy the condition. Here, RHS argued accreditation should no longer be the standard by which its qualifications should be measured. It asked that accreditation by the State Association of Independent Schools should be the standard claiming its accreditation process was more rigorous than the commission’s. Also, RHS noted but for the condition in the will, it would not incur the cost of membership in the commission. Yet, the court ruled the testator’s intent was clear"the imprimatur of the Commission…" or its successors, was the standard by which RHS’s qualifications as income beneficiary was to be evaluated. Therefore, it ruled the requested reformation would violate the testator’s clearly expressed intent, and was denied.
