Quimbee logo
DMCA.com Protection Status

In re Elizabeth J. K. L. Lucas Charitable Gift

261 P.3d 800 (2011)

Case BriefRelatedOptions
From our private database of 31,100+ case briefs...

In re Elizabeth J. K. L. Lucas Charitable Gift

Hawaii Intermediate Court of Appeals

261 P.3d 800 (2011)

Facts

Elizabeth Lucas created a charitable trust that gave an interest in a particular piece of property to the Hawaiian Humane Society (Humane Society) (plaintiff) to create an educational reserve to preserve the environment and educate the public. If the property was not used in this way, Lucas stated, the land was to go to the state of Hawaii (plaintiff) to use as a public park. After many years of researching possible solutions, the Humane Society, the state, and Lucas’s heirs (plaintiffs) all agreed that the land was not usable as either an educational reserve or a public park. Instead, the parties proposed a plan to give some land to the state for nonpublic environmental uses and to sell the remaining land to the heirs. The sale proceeds would create a fund for the Humane Society to use for general educational purposes. The parties sought the probate court’s approval of the proposed deal, arguing that the cy pres doctrine allowed this modification of the trust’s terms. However, the court ruled that if the Humane Society could not use the land as intended, the entire land interest should go to the state as the alternate recipient. The Humane Society appealed, and no party opposed the appeal.

Rule of Law

Issue

Holding and Reasoning (Leonard, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 557,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 557,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 31,100 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 557,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 31,100 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership