THE HEBREW UNIVERSITY ASSOCIATION V. NYE
169 A.2d 641 (1961)
NATURE OF THE CASE: This was a dispute over the ownership of a library. Hebrew (P) sued
Nye (D), executor, seeking a declaratory judgment for the ownership of certain books and
other articles making up a library that belonged to the decedent and for an injunction. D
appealed the judgment in favor of P.
FACTS: Ethel Yahuda was the owner of a library that was assembled by her and her
distinguished husband, Abraham, a Hebrew scholar. Abraham died and the library was owned by
Ethel. The Hebrew University (P) was interested in the library and at a large luncheon,
Ethel announced that she had made a gift of the library to P. A news release was prepared
and signed the next day to that effect and from time to time, she had told friends and other
interested parties that she had made a gift of the library to P. Ethel refused offers to
sell the library as she repeatedly stated that it belonged to P. Ethel started the task of
arranging and cataloguing the material for shipment to Israel and some of the items were
sent to a warehouse for crating and overseas shipment. She publicly announced intentions
that the materials should be sent before the end of the year. Ethel died in 1955. A dispute
between (Ds) the executors of Ethel's will and P developed over ownership of the library. P
sued alleging that it was the rightful owner seeking a declaratory judgment. The court found
for P under a trust theory. The property had never been delivered. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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