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  • St. Mary’s Medical Center, Inc. v. McC…St. Mary’s Medical Center, Inc. v. McCarthy
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St. Mary’s Medical Center, Inc. v. McCarthy

Indiana Court of Appeals
829 N.E.2d 1068 (2005)


Cornelia Haney left a portion of her estate in trust for the benefit of St. Mary’s Medical Center, Inc. (St. Mary’s) (defendant) for the purpose of creating a Haney Memorial. The will provided that a committee would decide the specific form of the memorial. After Haney’s death, a committee decided that St. Mary’s would build a chapel with the trust funds. The chapel was built in 1956. In 2003, St. Mary’s needed to expand its medical facilities and decided to raze the chapel to use that land to do so. Vincent McCarthy (plaintiff), a distant relative of Haney and a grandson of a committee member, brought suit seeking to prevent the destruction of the chapel. McCarthy argued that Haney’s will created a charitable trust, with St. Mary’s holding the resulting chapel in trust for the public that used it. The trial court granted a permanent injunction prohibiting St. Mary’s from razing the chapel. St. Mary’s appealed.

Rule of Law


Holding and Reasoning (Barnes, J.)

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