This site is a developmental version of Wiki Law School. To go to the production site: www.wikilawschool.org
King v. Boston University: Difference between revisions
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
No edit summary |
No edit summary |
||
| Line 8: | Line 8: | ||
Mrs. King, his widow, tried to get the King papers back after his death. | Mrs. King, his widow, tried to get the King papers back after his death. | ||
|procedural_history=In 1987, Mrs. King sued Boston University ("BU") for [https://www.law.cornell.edu/wex/conversion conversion]. She claimed that the King estate held title to the papers. Mrs. King loses. | |procedural_history=In 1987, Mrs. King sued Boston University ("BU") for [https://www.law.cornell.edu/wex/conversion conversion]. She claimed that the King estate held title to the papers. Mrs. King loses. | ||
|issues=Can a charitable pledge be enforceable if a party promises to give property to a charitable institution & there is consideration (or reliance) on that promise? | |||
|arguments=Mrs King argued that the 1964 King letter isn't a sufficient promise to establish a charitable pledge. | |arguments=Mrs King argued that the 1964 King letter isn't a sufficient promise to establish a charitable pledge. | ||
|holding=Yes. If there is evidence of both donative intent & consideration (or reliance) on that promise, a charitable pledge can be enforceable. | |||
|reasons=Being accepting and caring for King's '''bailed''' papers, BU assumed the duty of care as bailee. | |||
|rule=A '''bailment''' is the transfer of property from 1 party to another in accordance with (IAW) the 1st party's direction. | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://www.quimbee.com/cases/king-v-trustees-of-boston-university | |link=https://www.quimbee.com/cases/king-v-trustees-of-boston-university | ||
Revision as of 18:10, June 28, 2023
| King v. Boston University | |
| Court | Massachusetts Supreme Judicial Court |
|---|---|
| Citation | |
| Date decided | April 12, 1995 |
Facts
In 1964, Martin Luther King Jr. (1929 - 1968) sent his collected papers to Boston University.
Mrs. King, his widow, tried to get the King papers back after his death.Procedural History
In 1987, Mrs. King sued Boston University ("BU") for conversion. She claimed that the King estate held title to the papers. Mrs. King loses.
Issues
Can a charitable pledge be enforceable if a party promises to give property to a charitable institution & there is consideration (or reliance) on that promise?
Arguments
Mrs King argued that the 1964 King letter isn't a sufficient promise to establish a charitable pledge.
Holding
Yes. If there is evidence of both donative intent & consideration (or reliance) on that promise, a charitable pledge can be enforceable.
Reasons
Being accepting and caring for King's bailed papers, BU assumed the duty of care as bailee.
Rule
A bailment is the transfer of property from 1 party to another in accordance with (IAW) the 1st party's direction.
