Hebrew University Ass’n v. Nye
148 Conn. 223 (1966)
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Rule of Law:
An inter vivos gift to a charity will be enforced, even without actual manual delivery, when the donor's intent to give is clear and the charity has acted in substantial reliance on the promise, creating a constructive delivery or justifying the imposition of a constructive trust.
Facts:
- Ethel Yahuda possessed a large and valuable collection of books, documents, and incunabula known as the 'Yahuda Library.'
- Yahuda publicly announced at a luncheon that she was giving the entire Yahuda Library to the Hebrew University Association.
- At the time of the announcement, Yahuda gave the Hebrew University a memorandum that listed most of the contents of the library, including all of its most important items.
- In reliance on the promised gift, the Hebrew University began constructing a new library building.
- As part of its fundraising plan for the new library, the University designated a specific room for the Yahuda collection and removed it from the list of rooms available for dedication by other donors.
- This designated room had an assigned fundraising value of $21,600, which the University forwent the opportunity to raise from other contributors.
- Ethel Yahuda died before physically transferring the entire library collection to the University.
Procedural Posture:
- Hebrew University Association sued the executors of Ethel Yahuda's estate in the Connecticut Superior Court (a trial court) to compel the transfer of the 'Yahuda Library.'
- The trial court initially found for the defendants, denying the plaintiff's claim to the library.
- The plaintiff appealed the decision to the Connecticut Supreme Court of Errors (the state's highest court).
- The Supreme Court of Errors found that the trial court had applied an incorrect legal standard and remanded the case back to the Superior Court for a new trial.
- The case is now before the Superior Court judge for a new determination of the facts and law following the remand.
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Issue:
Does a decedent's public announcement of a gift of a library to a university, accompanied by the delivery of a memorandum of its contents and followed by the university's substantial action in reliance, constitute a valid and enforceable gift despite the lack of complete manual delivery before the donor's death?
Opinions:
Majority - Parskey, J.
Yes. A valid and enforceable gift was made. The court found the gift complete on three alternative grounds. First, the delivery of the itemized memorandum, coupled with the decedent's public acts and clear declarations of intent, constituted a sufficient constructive delivery equivalent to an actual delivery, as it was as nearly perfect as the nature of the property permitted. Second, under the doctrine of promissory estoppel (Restatement of Contracts § 90), the decedent's promise induced the university to take substantial action in reliance—namely, setting aside a room and forgoing significant fundraising opportunities—and injustice could only be avoided by enforcing the promise. Third, equity can impose a constructive trust to complete an ineffective conveyance when a donor dies believing the gift was effective; the court extended this equitable principle, traditionally applied to family members, to charitable institutions, which are highly favored in the law, to prevent the frustration of the donor's clear intent.
Analysis:
This decision illustrates the flexibility of equity courts in departing from the strict, formal requirements of gift law, particularly the element of delivery. It broadens the concept of constructive delivery to include symbolic acts like providing a detailed inventory when intent is clear. Furthermore, the case solidifies the application of promissory estoppel (Restatement § 90) as a basis for enforcing donative promises to charities that have acted in reliance. By extending the equitable remedy for imperfect gifts to charities, the court reinforces the strong public policy of favoring and upholding charitable donations, even when technical formalities are not perfectly met.
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