Rosser v. Prem

Eleanor B. Wasserman’s daughter, Linda, died at the age of eight from cancer. Wasserman later wrote a book, entitled Linda, about Wasserman’s experiences following Linda’s death, including spiritual experiences and Wasserman’s conversion from Judaism to Christianity. Wasserman’s will established a trust to expand and revise the book as necessary and to distribute the book for the benefit of other parents who had experienced the death of a child. The trust property included the book’s manuscript and the bulk of Wasserman’s estate. Following Wasserman’s death, the personal representative of Wasserman’s estate, Robert C. Prem (plaintiff), filed an action seeking a declaratory judgment on whether the trust was valid. The trustee, Thomas E. Rosser (defendant), answered that the trust was valid. At a hearing, two experts testified, including a professor of English and an author’s representative. Both testified that Linda was without literary merit and was not marketable. Following the hearing, the master concluded that Linda was without merit and did not set forth any doctrine or promote any interest of the community. Accordingly, the master concluded that the trust did not have a charitable purpose and was invalid as a charitable trust, and because the trust did not have ascertainable beneficiaries, it failed as a private trust. Rosser appealed.