DECISION In this uncontested proceeding in the estate of Helen Stern Buchbinder, the Executor asks the court to exercise its cy pres power (EPTL 8-1.1 [c][1]) regarding a residuary bequest under Article THIRD of decedent’s will. Decedent died testate on July 27, 2019. As pertinent here, under Article THIRD of her will, she bequeathed portions of her residuary estate in various percentages to six different charitable organizations, including ten percent of her residuary estate to The Lymphoma Foundation “to be used for its general purposes.” The Lymphoma Foundation, however, dissolved on October 31, 2018, rendering “literal compliance with the terms of such disposition” impossible (EPTL 8-1.1 [c][1]). As a result, the Executor seeks an order authorizing him to distribute the ten percent residuary gift originally bequeathed to The Lymphoma Foundation to another organization, The Lymphoma Research Foundation, which has a similar charitable mission. The Attorney General has consented, in writing, to the relief requested. In order to grant cy pres relief, the court must find that: (1) the gift is charitable in nature, (2) the donor has demonstrated a general rather than a specific charitable intent, and (3) the particular purpose which the gift was intended to serve has failed or become “impossible or impracticable to achieve” (Matter of Othmer, 185 Misc 2d 122, 126 [Sur Ct, Kings County]; see EPTL 8-1.1 [c][1]). In general, “[a]ny gift or bequest for the promotion or advancement of health or medicine has always been recognized as a charitable gift,” and where a donor “shows an inclination to benefit a variety of charities, a court is likely to conclude that the donor had a general charitable intent” (Othmer, 185 Misc 2d at 126-177). Additionally, “the proposed modification must closely approximate the intent of the testator” (Matter of Reiss, NYLJ, Mar. 8, 2018, at 22, col 6 [Sur Ct, Bronx County]). On this record, all requirements for cy pres relief are satisfied. There is no question that the bequest to The Lymphoma Foundation was charitable in nature, or that decedent had a general charitable intent, as evidenced by the various gifts under Article THIRD of the will to other charitable organizations and by the direction that the bequest to The Lymphoma Foundation “be used for its general purposes.” There is also no question that The Lymphoma Foundation has ceased its operations, thus making any bequest to it impracticable and impossible. Finally, the proposed gift to The Lymphoma Research Foundation closely approximates the intent of testator because The Lymphoma Research Foundation, like The Lymphoma Foundation, supports research of the causes and possible cures and treatments of Hodgkin’s disease and other types of lymphomas. Accordingly, the petition is granted. Settle Decree. Dated: January 7, 2025
