In re Neher's Will - 279 N.Y. 370, 18 N.E.2d 625 (1939)

Rule:

A grafted direction may be ignored when compliance is altogether impracticable and the gift may be executed cy pres through a scheme to be framed by the court for carrying out the general charitable purpose. N.Y. Real Prop. Law § 113(2).

Facts:

In her will, Ella Neher bequeathed a property to the Red Hook Village, specifying that the property was to be used as a hospital for the benefit of the people of the village. The village accepted the bequest but later filed a petition for a decree construing and reforming the will provision so that the village could use the property for the village's administrative building as the village did not have the resources to establish a hospital and there was a new hospital near the village. The trial court and appellate court denied the petition. The village sought review.

Issue:

Under the circumstances, could the provision of the will be reformed in order for the village to use the property as its administrative building?

Answer:

Yes.

Conclusion:

On appeal, the Court reversed the decrees and remitted the matter to the trial court with instructions to devise a scheme to carry out the general charitable purpose of the gift. The Court held that the gift was not a gift to a particular institution, that there was no singular object of the bounty because it was to a whole community, and that there was no hint for any certain type of medical or surgical care. The Court concluded that, in reading the will provision as a whole, the true construction was that the intention was to give the property for a general charitable purpose rather than a particular charitable purpose and that a grafted direction could be ignored when compliance was impracticable.