Georgia O'Keefe Foundation (Museum) v. Fisk University
Tennessee Court of Appeals
312 S.W.3d 1 (2009)
- Written by Heather Whittemore, JD
Facts
In the 1940s, Georgia O’Keefe made charitable gifts to several institutions, including 101 works of art (the collection) to Fisk University (defendant) in Nashville, Tennessee. O’Keefe hoped that the collection would encourage the study of art in the American South. In her letters to Fisk, O’Keefe requested that the collection be returned if certain conditions were not met. However, these requests were not legally binding. Over 50 years later, Fisk could no longer afford to maintain the collection according to O’Keefe’s conditions. Fisk sought permission in Tennessee court to sell two items in the collection. The Georgia O’Keefe Museum (the museum) (plaintiff) intervened, arguing that the proposed sale would violate the conditions placed on the collection and would require the collection to be returned to the museum. Fisk argued that because of its changed financial circumstances and the fact that it could not meet the conditions imposed by O’Keefe, the cy pres doctrine allowed it to alter the conditions. The trial court found that O’Keefe had a specific charitable intent when she donated the collection to Fisk and held that the cy pres doctrine did not apply. Fisk appealed, arguing that O’Keefe had a general charitable intent when she donated the collection. To support its argument, Fisk highlighted the fact that O’Keefe had made similar charitable gifts to other institutions and that there were no explicit divesting conditions placed on the gift to Fisk.
Rule of Law
Issue
Holding and Reasoning (Clement, J.)
Concurrence (Dinkins, J.)
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