Contracts I, Pages 169–179

Maryland National Bank v. United Jewish Appeal Federation of Greater Washington

Court of Appeals of Maryland, 1979

Facts:

Polinger pledged $200,000 to the plaintiff for the year of 1975. He died at the end of 1976, with $133,500 unpaid on his pledge. Defendant was his estates personal representatives, and disallowed the claim for the balance of the pledge.

Procedural History:

The Orphans' Court granted plaintiff's motion for summary judgment and denied plaintiff's motion for the same.

Issue:

Does a pledge to a charitable institution survive the death of the pledgor and become an enforceable obligation of his estate?

Rule:

The Charitable Subscription Exception is not followed in Maryland.

Reasoning:

As Maryland does not follow the Charitable Subscription Exception, consideration would be required. As this was a gratuitous promise, there was no consideration and hence it was not enforceable.

Holding:

A charitable pledge is not enforceable in Maryland. Orphans' Court's order vacated.

Keepa – Amazon Price Tracker