## Facts

- Milton Polinger pledged $200,000 to United Jewish Appeal Federation of Greater Washington, Inc. (UJA) for the year 1975.
- Polinger died on December 20, 1976, with $133,500 of the pledge unpaid.
- Maryland National Bank and Melvin R. Oksner served as personal representatives of Polinger’s estate.
- The personal representatives disallowed UJA’s claim for the unpaid balance.
- UJA solicited charitable contributions and, using amounts received and pledged, made allocations to tax-exempt beneficiary organizations.
- UJA made allocations without formal commitment agreements, but beneficiary organizations acted in reliance on allocations and spent funds expecting payment.
- UJA historically collected most pledges over time and planned allocations accounting for some noncollection, while maintaining a practice of paying allocated amounts.

## Issues

1. Whether a charitable pledge survives the pledgor’s death as an enforceable obligation of the estate.
2. Whether Maryland recognizes a charitable-subscription doctrine permitting enforcement of charitable pledges without consideration.
3. Whether UJA’s allocation practices and related reliance supplied consideration or another enforceable contract basis for the pledge.

## Decision

- The Court of Appeals of Maryland reversed the summary judgment for UJA and disallowed the claim against the estate.
- The court declined to recognize a special charitable-subscription exception to ordinary consideration requirements.
- The court held the pledge was a gratuitous promise unsupported by consideration and therefore unenforceable against the estate on the record presented.

## Legal Principles

- Charitable pledges are governed by ordinary contract principles in Maryland.
- A promise to make a charitable contribution is unenforceable absent consideration or another recognized basis for enforcement under contract law.
- Internal budgeting or allocation decisions by a charity, without a bargained-for exchange with the donor, do not establish consideration.
- A decedent’s charitable pledge does not bind the estate unless it constitutes an enforceable contractual obligation.

## Conclusion

Maryland’s highest court held that a donor’s unpaid charitable pledge was not collectible from the donor’s estate because Maryland requires consideration (or another recognized contract basis) and does not apply a special charitable-subscription doctrine to enforce gratuitous charitable promises.


Maryland Nat'l Bank v. United Jewish Appeal Fed'n of Greater Wash., Inc., 286 Md. 274, 407 A.2d 1130 (1979)