Monday, June 2, 2014
In Courtenay C. and Lucy Patten Davis Foundation v. Colorado State University Research Foundation, 320 P.3d 1115 (Wyo. 2014), the donors made a gift of a working ranch to two university-related foundations. The donors and donees were parties to a detailed Memorandum of Agreement specifying terms which the donor alleged the donees had violated. The donors sued and their action was dismissed for lack of standing. The Supreme Court of Wyoming affirmed, holding that the gift was outright, did not create an implied trust, and state law based on the Uniform Trust Code giving the settlor of a charitable trust standing to enforce the trust did not change the common law which gives standing to enforce a charitable gift only to the Attorney General.
Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.