Crisp Area Y.M.C.A. v. NationsBank NA, Ex'r

Since the city YMCA was already inactive when testator executed his will, his intent to leave the organization $100,000 was clear and the doctrine of cy pres did not apply to transfer the bequest to another YMCA that assumed the inactive group's responsibilities.

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The late A. B. Branan was a resident of Cordele, and a director of the Cordele YMCA from the time of its incorporation in 1982. He maintained a membership in the Cordele YMCA while it operated as a YMCA facility. That organization experienced financial problems and ceased operation as a YMCA on May 8, 1992. In November of 1993, the National Council of the YMCA terminated the authority of the Cordele YMCA to operate YMCA programs and services, and that authority has never been reinstated. Twice the Georgia Secretary of State administratively dissolved the Cordele YMCA, but reinstated the organization on each occasion. Since 1992, the Cordele YMCA has performed no functions other than liquidating its assets and paying its debts. It appears that the organization may no longer possess tax-exempt status.

Mr. Branan was also a member of the Albany YMCA and he used that organization’s facility several times a week. He made financial contributions to the Albany YMCA, as well as to the Cordele YMCA. When the Cordele organization ceased functioning as a YMCA, its directors invited the Albany YMCA to take control of the YMCA activities in Crisp County and, since 1993, the Albany YMCA has been the only organization authorized by the National YMCA to provide YMCA services and programs in that county. The Albany YMCA has a Crisp County Advisory Board and retains permanent Crisp County employees.

Crisp Area Y.M.C.A. v. NationsBank NA, Ex'r

Since the city YMCA was already inactive when testator executed his will, his intent to leave the organization $100,000 was clear and the doctrine of cy pres did not apply to transfer the bequest to another YMCA that assumed the inactive group's responsibilities.

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