Supreme Court of New Jersey

The Howard Savings Institution of Newark, New Jersey

April 10, 196134 N.J. 494

Summary

The Supreme Court of New Jersey affirmed the Chancery Division's judgment that the trust created by C. Edward McKinney, Jr. is charitable, the executor has standing to appeal, and the doctrine of cy pres applies so that the Protestant‑Gentile restriction is struck and the funds are turned over to Amherst College. Justice Haneman dissented, arguing that a substituted trustee should be appointed instead of applying cy pres.