Emmaline Jurgena, Jason Kohout, and Eric Maassen, of Foley & Lardner LLP, have made available for download their article, Litigating Donor Intent: State ex rel. Board of Curators of University of Missouri v. Green, published in JDSUPRA. The abstract is as follows:
A recent case involving a gift to endow professorships shows the tension between principles of trust and contract in bequests—and how the difference can have unanticipated and important effects on how disputes are resolved. The Missouri Supreme Court case, State ex rel. Board of Curators of University of Missouri v. Green, 576 S.W.3d 183 (Mo. 2019), focused on the enforcement mechanism of a restricted charitable bequest to the University of Missouri, showing this tension in the context of donor intent.
Posted by Jessica Ji, Associate Editor, Wealth Strategies Journal.