In the Matter of The Estate of Clark W. Wilson, Deceased. Key Bank et al., Respondents; State of New York et al., Appellants.
In the Matter of The Estate of Edwin I. Johnson, Deceased. Robert Abrams, as Attorney-General of the State of New York, Respondent; Jonathan G. Blattmachr, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued June 2, 1983.
Decided July 12, 1983.
Attorney(s) appearing for the Case
Robert Abrams, Attorney-General (Lawrence S. Kahn, Peter H. Schiff and Deborah Bachrach of counsel), for ultimate charitable beneficiaries, appellant in the first above-entitled proceeding.
Abigail A. Jones, Annette L. Nazareth, Lenore W. Tucker, Marsha Levick and Anne E. Simon for NOW Legal Defense and Education Fund, appellant in the first above-entitled proceeding.
Michael Seagriff and Thomas C. McCobb for Key Bank, respondent in the first above-entitled proceeding.
Biagio J. Di Stefano, as guardian ad litem for the unnamed male beneficiaries, respondent in the first above-entitled proceeding.
Jonathan G. Blattmachr, in person, and Steven Richard Swanson for Jonathan G. Blattmachr, as guardian ad litem for unknown male trust beneficiaries, appellant in the second above-entitled proceeding.
Robert Abrams, Attorney-General (Deborah Bachrach, Peter H. Schiff and Lawrence S. Kahn of counsel), for respondent in the second above-entitled proceeding.
Wirth H. Koenig as guardian ad litem for unknown distributees in the second above-entitled proceeding.
Abigail A. Jones, Annette L. Nazareth, Lenore W. Tucker, Marsha Levick and Anne E. Simon for New York State National Organization for Women and another, amici curiae in the second above-entitled proceeding.
Judges JASEN, JONES, WACHTLER and SIMONS concur with Chief Judge COOKE; Judge MEYER dissents and votes to affirm in a memorandum.
Court of Appeals of the State of New York.
Chief Judge COOKE.
These appeals present the question whether the equal protection clause of the Fourteenth Amendment is violated when a court permits the administration of private charitable trusts according to the testators' intent to finance the education of male students and not female students. When a court applies trust law that neither encourages, nor affirmatively promotes, nor compels private discrimination...
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