Surrogate Nelida Malave-Gonzalez
Executors, decedent's sons, sought to amend an article of an inter vivos trust to substitute Leo Baeck Institute in place of a named beneficiary, Aufbau-Heritage Fund, under the cy pres doctrine. Petitioners noted decedent, a Holocaust survivor, created a trust providing that after her death 35 percent of any remaining income and principal was to be paid to 12 named individuals and six charities, all having Jewish charitable purposes. They claimed Aufbau no longer operated as a charitable organization, and that Baeck was a charitable organization whose Holocaust focus and charitable purposes were comparable to the original Aufbau entity. The court found it was evident the trust instrument had a general charitable mission to benefit only charities with Jewish charitable purposes and/or charities providing services to Holocaust survivors. It also stated grantor did not intend a forfeiture of the Aufbau bequest to an individual or to the remainder beneficiaries in the event the gift to Aufbau failed. Hence, the court concluded as Baeck was a charitable organization with purposes similar to Aufbau, it was a suitable replacement, and the cy pres doctrine could be exercised over the bequest to Aufbau in favor of Baeck, granting petitioners' application.
