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ADLER v. SAVE

Docket No. A-0643-10T3

74 A.3d 41 (2013)

432 N.J. Super. 101

Bernard and Jeanne ADLER, Plaintiffs-Respondents, v. SAVE, n/k/a SAVE, A Friend to Homeless Animals, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided August 5, 2013.

Attorney(s) appearing for the Case

Sara F. Merin argued the cause for appellant (McCarter & English, LLP, attorneys; Gerard G. Brew , of counsel and on the briefs; Ms. Merin and Carissa L. Rodrigue , Newark, on the briefs).

Stuart J. Polkowitz argued the cause for respondents (Brach Eichler L.L.C., attorneys; Mr. Polkowitz, Roseland, of counsel and on the brief).

Before Judges FUENTES, HARRIS, and KOBLITZ.

The opinion of the court was delivered by

FUENTES, P.J.A.D.

This appeal requires us to address the enforceability of a conditional inter vivos gift. Guided by the facts presented here, we hold that a charity that solicits and accepts a gift from a donor, knowing that the donor's expressed purpose for making the gift was to fund a particular aspect of the charity's eleemosynary mission, is bound to return the gift when the charity unilaterally decides not to...

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