Hey John! Yes, thank you for that additional insight which was something that was brought up. And I agree it is not binding in the eyes of the court but feel as soon as the donor expresses where they would like their gift to go, we as an Organization who they have entrusted this gift should act accordingly. And so we are at the second part of your response of coming to a decision based on internal policies/donor relations/working with legal.
Thank you again,
Korey
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Korey Janse
City of Hope
kjanse@coh.org------------------------------
Original Message:
Sent: 03-30-2023 09:26 AM
From: John Smilde
Subject: Donor Intent
Hi Korey,
When a situation like this came up in the past, I was told that words like "desire", "wish", and "request" are precatory language and not binding so the decision you make on how to handle this situation can be made based on donor relations and internal guidelines. This was a few years back and I'm not an attorney so you'd definitely want to check your own counsel if the legal aspect of your obligation becomes a factor.
Best,
John Smilde
Director of Gifts and Records Administration
Advancement and Alumni Relations
George Mason University
4400 University Drive, MSN 1A3
Fairfax, VA 22030
703.993.8680
jsmilde@gmu.edu
This electronic message contains confidential information which is, in whole or in part,
subject to exclusion from disclosure under the Freedom of Information Act pursuant to
§2.2-3705.4.7. of the Code of Virginia.
Original Message:
Sent: 3/29/2023 5:55:00 PM
From: Korey Janse
Subject: RE: Donor Intent
Thank you, John. We interpreted the donor intent similarly and suggested going to the executors if they felt otherwise.
Thank you,
Korey
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Korey Janse
City of Hope
kjanse@coh.org
Original Message:
Sent: 03-29-2023 04:30 PM
From: John Taylor
Subject: Donor Intent
It reads like a research fellowship - an endowed fund for an annual research fellow.
What is not clear is whether the fellowship funding is sufficient to award multiple fellowships.
But if there's internal debate over the terminology, why not ask the Executor of heirs?
John
John H. Taylor
Principal
John H. Taylor Consulting, LLC
2604 Sevier St.
Durham, NC 27705
919.816.5903 (cell/text)
Serving the Advancement Community Since 1987
Original Message:
Sent: 3/29/2023 4:57:00 PM
From: Korey Janse
Subject: Donor Intent
Hi,
We have conflicting views on what the donor intent is with the following statement in a trust: "XX% to your organization for XX research, to be carried out in memory of my beloved mother. It is my desire that a fellowship be established in their name." Some feel that the desire for a fellowship to be established is just preferential language and we only need to restrict it to XX research, not create a Fellowship to support XX research.
Thoughts?
Thank you,
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Korey Janse
City of Hope
kjanse@coh.org
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