Sunday, October 13, 2013
Recently a New Jersey court decided living donors are entitled to the return of a gift when the intent was not honored. The court in Adler v. SAVE, No. A-0643-10T3, 2013 WL 4017286 (N.J. Super. Ct. App. Div. Aug. 5, 2013), held that when a charity accepts a gift expressly made to fund a particular aspect of the charity’s mission, the donors of the gift are entitled to its return if the charity decides not to carry out the purpose for which the gift was made.
Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.