### Matter of Melikian 2024 NY Slip Op 32023(U) June 13, 2024 Surrogate's Court, New York County Docket Number: File No. 2021-2317/A Judge: Hilary Gingold Cases posted with a "30000" identifier, i.e., 2013 NY Slip

Op 30001(U), are republished from various New York State and local government sources, including the New

York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.NewYorkCountySurrogate'sCourt DATA ENTRY DEPT. SURROGATE'S COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 

### -------------------------------------------------------------------x Petition for Cy Pres ReliefPursuant to EPTL 8-1.1, Will of 

## JUN 13 2024

DECISION ROBERT MELIKIAN, File no. 2021-2317/A
Deceased.



### -------------------------------------------------------------------x GINGOL D, S. The executor ofthe estate ofRobert Melikian requests that this court exercise its cy pres powerpursuantto EPTL § 8-1.1(c) regarding three dispositions ofthe decedent'sresiduary estate: (1) to the Armenia Fund USA Inc.; (2) to Cornell University Foundation; and (3) to Boston University. Background By decree dated July 28, 2021, the decedent's will (hereinafter "the will") was admitted to probate and Christopher P. Parnagian was appointed the executor ofthe estate. Article Fourth of the will, interalia, directedthe executorto divide the residuary estate in equal shares for the benefit ofthe following organizations: "(1) I give, devise and bequeath fifty (50) shares to Armenia Fund USA Inc., located in New York, New York, and I direct that (i) at least one-halfofsuchgiftbe used to provide scholarship awards and financial aid to students ofArmenian descent inthe United States of America or in Armenia, and (ii) at least one-quarter ofsuch gift be usedto expand orimprove educational facilities in the United States or in Armenia. 

## * * * "(3) I give, devise and bequeath fourteen (14) shares to Cornell University Foundation, located in Ithaca, New York, to be used to establish a permanently endowed scholarship fund in the name of Victor and Almas Melikian, the income of which shall provide annual scholarship awards, based on financial need and academic



### [* 1]promise, to students of Armenian descent enrolled at Cornell University, with a preference to those students in the Johnson School of the Law School. In any year in which there are no qualified students, any income not so paid shall be accumulated and added to principal ofsuch fund. "(4) I give, devise and bequeath seven and one-half(71⁄2) shares to Boston University, located in Boston, Massachusetts, to be used to establish a permanently endowed scholarship fund in the name of Victor and Almas Melikian, the income of which shall provide annual scholarship awards, based on financial need and academic promise, to students of Armenian descent enrolled at Boston University School of Law. In any year, in which there are no qualified students, any income not so paid shall be accumulated and added to principal ofsuch fund
.... " (Second Amended Verified Petition, Exhibit A, at 4). After the will was admitted to probate, Armenia Fund USA Inc. dissolved on November 12, 2021, and both Cornell University Foundation and Boston University declined the estate gift. To carry outthe decedent's intent, the executorproposesthatthe bequestto ArmeniaFund USA Inc. be paid and redirected to Armenia Fund, Inc. located in Glendale, California, with the requirement that the monies be utilized for the exact purpose as stated in the will. The executor providesproofthatupondissolution, ArmeniaFundUSAInc.'sassets weretransferredto Armenia Fund Inc. The executor provides proof that Armenia Fund, Inc. had a mutually supportive relationship with Armenia Fund USA Inc. Moreover, Armenia Fund, Inc. has a nearly identical mission statement to Armenia Fund USA Inc., namely, to raise funds for the benefit ofArmenian people.As for the bequests to Cornell University Foundation and to Boston University, the executorproposesthatthe bequestsbepaidand redirectedto Armenian General BenevolentUnion (hereinafter "AGBU")-another charitable residuary beneficiary ofthe decedent's estate-with the requirement that the monies be utilized for the exact purpose as stated in the will. AGBU has confirmed that it will accept the residuary estate allocated to Cornell University Foundation and
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### [* 2]Boston University and will comply with any subsequent court order. AGBU will use the bequest

as stipulated in Article Fourth ofthe will, to establish a scholarship fund inthe name ofVictor and AlmasMelikianfor studentsofArmeniandescentenrolled atCornell University, with apreference to those students in the Johnson School or the law school (Exhibit J), and at Boston University, with a preference to the students in the law school (Exhibit K). This proceeding is uncontested. None ofthe cited parties, including the Attorney General ofthe State ofNew York, have appeared inthis proceeding. Discussion Pursuant to EPTL § 8-1.l(c)(l),the court has the authority to directthe mannerin which a charitable disposition is to be administered to accomplish the testator's intent when literal compliance withthe terms ofa charitablebequest is impracticable orimpossible. Three conditions mustbe met before applying the cy pres power: (1) the gift ortrust be charitable in nature; (2) the donor must have demonstrated a general, rather than a specific, charitable intent; and (3) that circumstances have changed subsequent to the gift that render literal compliance with the restriction impossible or impracticable (Matter ofOthmer, 12 Misc 3d 414, 419 [Sur Ct, Kings County 2006]). The proposed modification must also "closely approximate the [testator's] intent" (Othmer, 12 Misc 3d at 422). This court exercises its cy pres power over the bequests to the Armenia Fund USA Inc., Cornell University Foundation, and Boston University. The record establishes that the decedent's gifts were charitable in nature (see Othmer, 12 Misc 3d at 421 ["gifts for educational purposes are charitable in nature"]). A reading ofthe decedent's will establishes thatthe decedent had a general charitable intent. The decedent left his residuary estate to named charities and educational institutions. The decedent, moreover, made no provision for a gift over in the event that the

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### [* 3]charitable gift failed or lapsed (see Matter of Goehringer, 69 Misc2d 145, 148-150 [Sur Ct, Kings County 1972]; Matter of Mirjanian, NYLJ, June 14, 2005, at 25, col 3 [SurCt, NYCounty 2005]). Circumstances have changed that render compliance impossible or impracticable. Armenia Fund USA Inc. has dissolved (Exhibits C, D). Boston University and Cornell University Foundation declined the gifts as neither could establish a scholarship fund based onnational origin orheritage (Exhibits G, H, I). The court is satisfied that the executor's proposed modification most closely approximates the decedent's charitable intent (see Othmer, 12 Misc 3d at 422). Accordingly, the petition is granted. Settle decree. The Clerk ofthe Court shall email a copy ofthis decisionto the parties listed below. Dated: JunejV024

To: Lois Bladykas, Esq. Ruskin Moscou Faltischek, P.C. lbladykas@rmfpc.com Attorney for Petitioner

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