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6 C. L. Dig. 1 (1976)

handle is hein.journals/ceawest6 and id is 1 raw text is: An information service for college and university ad minis-
INACI, A      ,?                 trators and attorneys. Published bimonthly by The National
Ass  tfij'rj WIAollepe and University Attorneys
Vol.. 6, No. 1 - January, 1976                                     Thomas E. Blackwell, Editor
CHARITABLE BEQUESTS: JUDICIAL CONSTRUCTION OF THE PROVISIONS OF THE WILL
Wisconsin
In the matter of the Estate of Alma R. Ganser. State of Wisconsin. Dade
County Court: Probate Branch. File No. 99-41h-261B. Findings of Fact and
Conclusions of Law. October, 1975.
Alma R. Ganser stipulated in her will, dated January 25th., 1962 that one-
half of the residue of her estate should go to Madison General Hospital Medical
and Surgical Foundation, Inc. and one-half to Marquette University for its Medi-
cal School. In 1967, the Medical School of Marquette severed its formal ties
with the university and changed its corporate name to Marquette School of
Medicine, Inc. The present name, Medical College of Wisconsin, Inc., was
adopted in 1970.
The attorney for the foundation argued that, since the Medical School of
Marquette University no longer existed, the foundation should receive the entire
residue of the estate, since Mrs. Ganser had stipulated in her will that:
In the event either of the legatees, immediately above named
in this clause, is, for any reason, unable or unwilling to accept
the legacy provided, the legacy which such beneficiary would other-
wise have received shall go to the other legatee.
The following is an excerpt from the brief submitted by counsel for the
university:
It is well established that the mere change of an organiza-
tional name or status of a charitable institution does not affect
its capacity as a beneficiary. So long as the institution carries
out similar purposes and programs in its new form, it remains able
-1-
The College Law Digest is a publication of the National Association of College and University Attorneys. It is published bimonthly.
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Copyright @ 1976 by the National Association of College and University Attorneys

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