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

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publication.
New York County Surrogate's Court 

DATA ENTRY DEPT. 

SURROGATE'S COURT OF THE STATE OF NEW YORK 

COUNTY OF NEW YORK 

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Petition for Cy Pres Relief Pursuant to EPTL 8-1.1, 

Will of 

JUN 13 2024 

DECISION 

ROBERT MELIKIAN, File no. 2021-2317/A 

Deceased. 

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GINGOL D, S. 

The executor of the estate of Robert Melikian requests that this court exercise its cy pres 

power pursuant to EPTL § 8-1.1 ( c) regarding three dispositions of the decedent's residuary 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 of the estate. Article Fourth of 

the will, inter alia, directed the executor to divide the residuary estate in equal shares for the benefit 

of the 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-half of such gift be used to provide scholarship awards and 

financial aid to students of Armenian descent in the United States of 

America or in Armenia, and (ii) at least one-quarter of such gift be 

used to expand or improve educational facilities in the United States 

or in Armenia. 

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"(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 

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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 of such 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 of such 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 out the decedent's intent, the executor proposes that the bequest to Armenia Fund 

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 

provides proof that upon dissolution, Armenia Fund USA Inc. 's assets were transferred to 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 of Armenian 

people. 

As for the bequests to Cornell University Foundation and to Boston University, the 

executor proposes that the bequests be paid and redirected to Armenian General Benevolent Union 

(hereinafter "AGBU")-another charitable residuary beneficiary of the 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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Boston University and will comply with any subsequent court order. AGBU will use the bequest 

as stipulated in Article Fourth of the will, to establish a scholarship fund in the name of Victor and 

Almas Melikian for students of Armenian descent enrolled at Cornell University, with a preference 

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 of the cited parties, including the Attorney General 

of the State of New York, have appeared in this proceeding. 

Discussion 

Pursuant to EPTL § 8-1.l(c)(l), the court has the authority to direct the manner in which a 

charitable disposition is to be administered to accomplish the testator's intent when literal 

compliance with the terms of a charitable bequest is impracticable or impossible. Three conditions 

must be met before applying the cy pres power: (1) the gift or trust 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 of Othmer, 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 of the decedent's will establishes that the 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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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 [Sur Ct, NY County 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 on national origin or heritage 

(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 of the Court shall email a copy of this decision to the parties listed below. 

Dated: June jV024 

To: 

Lois Bladykas, Esq. 

Ruskin Moscou Faltischek, P.C. 

lbladykas@rmfpc.com 

Attorney for Petitioner 

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