The pledgeor died before the full pledge was made

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bbwinston
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The pledgeor died before the full pledge was made

Postby bbwinston » Sun Dec 11, 2011 1:25 am

Milton Polinger pledged $200,000 as a charitable subscription to the United Jewish Appeal Federation of Greater Washington, Inc. (UJA). The pledge was not for a specific purpose and was not made in consideration of pledges by others, and UJA borrowed no money against this pledge. The pledge was to the UJA generally and to the Israel Emergency Fund. After paying $76,500 toward the pledge, Polinger died and the Maryland National Bank was appointed representative of the Polinger estate. The UJA filed a claim against the estate for the balance of $133,500. The bank, however, denied the claim alleging that the promise was unenforceable for lack of consideration. Who wins?

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jessuf
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Re: The pledgeor died before the full pledge was made

Postby jessuf » Sun Dec 11, 2011 1:37 am

The bank. However, pending further information, the charity may be able to recover reliance damages via promissory estoppel.

pifhib2
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Re: The pledgeor died before the full pledge was made

Postby pifhib2 » Sun Dec 11, 2011 2:40 am

I'm going to go with the bank as well. A possible prommisory estoppel defense could be raised, but in our cases charitable promises were typically only enforced when the school named a building after the donor or something along those lines.

thedive
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Re: The pledgeor died before the full pledge was made

Postby thedive » Sun Dec 11, 2011 3:28 am

I would also say the bank. It doesn't seem that the charity relied on the pledge to their detriment, and that enforcing the promise would be necessary to avoid injustice, so I don't think promissory estoppel would work.

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x7227
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Re: The pledgeor died before the full pledge was made

Postby x7227 » Sun Dec 11, 2011 10:40 am

thedive wrote:I would also say the bank. It doesn't seem that the charity relied on the pledge to their detriment, and that enforcing the promise would be necessary to avoid injustice, so I don't think promissory estoppel would work.


As we were taught...RS (2d) §90(2) holds that detrimental reliance is not required for charitable donations (for policy reasons...however other policy reasons may prevent charities for suing to enforce every broken promise). There was the 'Dozo case with the donation to the school, but that was under the first restatement. Just my .02 on the subject.

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AlexanderSupertramp
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Re: The pledgeor died before the full pledge was made

Postby AlexanderSupertramp » Sun Dec 11, 2011 10:56 am

x7227 wrote:
thedive wrote:I would also say the bank. It doesn't seem that the charity relied on the pledge to their detriment, and that enforcing the promise would be necessary to avoid injustice, so I don't think promissory estoppel would work.


As we were taught...RS (2d) §90(2) holds that detrimental reliance is not required for charitable donations (for policy reasons...however other policy reasons may prevent charities for suing to enforce every broken promise). There was the 'Dozo case with the donation to the school, but that was under the first restatement. Just my .02 on the subject.


I would mention this but add that R2d90 is not widely adopted.

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Hannibal
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Re: The pledgeor died before the full pledge was made

Postby Hannibal » Sun Dec 11, 2011 11:02 am

AlexanderSupertramp wrote:
x7227 wrote:
thedive wrote:I would also say the bank. It doesn't seem that the charity relied on the pledge to their detriment, and that enforcing the promise would be necessary to avoid injustice, so I don't think promissory estoppel would work.


As we were taught...RS (2d) §90(2) holds that detrimental reliance is not required for charitable donations (for policy reasons...however other policy reasons may prevent charities for suing to enforce every broken promise). There was the 'Dozo case with the donation to the school, but that was under the first restatement. Just my .02 on the subject.


I would mention this but add that R2d90 is not widely adopted.


Yeah I'm pretty sure I read the specific case OP is referring to, and in that case the bank won because that part of the restatement wasn't adopted.

thegrayman
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Re: The pledgeor died before the full pledge was made

Postby thegrayman » Sun Dec 11, 2011 12:25 pm

that sounds like a similar fact pattern to DeLeo - promise was ruled unenforceable

http://www.lawnix.com/cases/kadimah-deleo.html

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LeDique
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Re: The pledgeor died before the full pledge was made

Postby LeDique » Sun Dec 11, 2011 1:21 pm

There's special policy considerations about charitable promises when the promisor dies too. I'd make sure to talk about those in answering this question. My class went over this on the case where the aunt promises the kid 3000 dollars and dies.

kublaikahn
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Re: The pledgeor died before the full pledge was made

Postby kublaikahn » Sun Dec 11, 2011 1:34 pm

Argue both sides.

kublaikahn
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Re: The pledgeor died before the full pledge was made

Postby kublaikahn » Sun Dec 11, 2011 1:37 pm

LeDique wrote:There's special policy considerations about charitable promises when the promisor dies too. I'd make sure to talk about those in answering this question. My class went over this on the case where the aunt promises the kid 3000 dollars and dies.



Dougherty. But see Feinberg v. Pfeiffer.




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