## Facts

- Abraham S. Yahuda, a noted Hebrew scholar, assembled a library of rare books and manuscripts, largely related to the Bible; after his death in 1951, the collection became the property of his widow, Ethel S. Yahuda (including items she purchased from his estate).
- Friends understood that Professor and Mrs. Yahuda had wanted to create a scholarship and research center in Israel as a memorial.
- In January 1953, Ethel traveled to Jerusalem and met with officers of The Hebrew University Association, a Jerusalem university with an Institute of Oriental Studies.
- On January 28, 1953, the Association held a large luncheon in Ethel’s honor attended by many prominent guests; at the luncheon, she described the Yahuda library and announced that it was being given to the Association.
- A news release reflecting that announcement was prepared and signed by Ethel, and she later told friends and other interested persons that she had made a gift of the library to the Association.
- Ethel refused multiple offers to buy the library, stating that it belonged to the Association and not to her.
- She took steps to prepare the collection for overseas shipment, including arranging and cataloging materials and corresponding about shipping; she gave directions that the collection not be unpacked unless she was present so her husband’s *ex libris* could be affixed to the books.
- Some items were placed in a warehouse for crating and shipment, and she spoke of sending the materials within the year, but the library was never physically delivered to the Association during her lifetime and remained subject to her control.
- Ethel died on March 6, 1955. Under her will, the bulk of her estate went to another Hebrew charitable institution or foundation; her executors (George O. Nye and others) treated the library as part of the estate.
- The Hebrew University Association filed a declaratory judgment action seeking a declaration that it owned the library; the trial court entered judgment for the Association on the theory that Ethel had declared herself trustee of the library for the Association.
- The executors appealed to the Supreme Court of Connecticut.

## Issues

1. Whether Ethel Yahuda’s public announcement that the library was a “gift,” together with her later statements and preparatory shipping acts, constituted an effective oral declaration that she held the library in trust for The Hebrew University Association.
2. Whether the trial court could treat the transaction as a self-declared trust where the evidence showed an intent to donate but did not show an intent to assume enforceable trustee duties while retaining possession.

## Decision

- The Supreme Court of Connecticut reversed the trial court’s judgment for the Association and remanded for further proceedings.
- The court held that no trust was created because Ethel did not manifest an intention to impose upon herself enforceable duties of a trustee with respect to the library.
- Her statements and conduct showed an intention to make a gift at some point, but her language and actions did not amount to a present declaration that she was holding the property as trustee for the Association.
- Because there was no valid self-declared trust, the Association was not entitled to a declaration of ownership on that theory.

## Legal Principles

- A valid oral declaration of trust in personal property requires a clear manifestation that the owner intends to hold the property as trustee and to undertake enforceable duties of a trust nature for the beneficiary.
- Words of donation (“I give,” “it belongs to you”) and steps taken to arrange a future transfer can show donative intent, yet still fail to show the intent required to create a trust while the owner retains title and control.
- Courts will not convert an incomplete gift into a trust based only on donative language; otherwise, the delivery requirement for gifts of chattels could be avoided simply by relabeling the donor’s plan as a “trust.”
- Continued possession and control by the owner, coupled with directions about future handling and shipment, is consistent with an intended gift not yet completed and is not, without more, proof of a present trust relationship.

## Conclusion

In *The Hebrew Univ. Ass’n v. Nye*, the Connecticut Supreme Court held that Ethel Yahuda’s luncheon announcement and later statements that she had “given” the Yahuda library to the University, along with her preparations for shipment, showed an intention to donate but did not show that she meant to assume legally enforceable trustee duties while keeping the library under her control; therefore, no self-declared trust arose and the trial court’s declaration of University ownership was reversed and the case remanded.


*The Hebrew Univ. Ass’n v. Nye*, 148 Conn. 223, 169 A.2d 641 (1961)

The Hebrew Univ. Ass’n v. Nye, 148 Conn. 223, 169 A.2d 641 (1961)