King v. Boston University Supreme Judicial Court of Massachusetts 1995 1) Facts a) Defendant asked King if he would deposit some of his papers in its library’s newly expanded special collections. b) Several other universities approached King around the same time. Plaintiff testified that King thought the papers would be safest at Defendant’s library, but thought placing them there could subject him to criticism. c) King deposited some of his papers with Defendant, but in a letter to Defendant, King indicated that the papers would remain his legal property unless otherwise indicated. d) Two statements from the letter are most important: “All papers and other objects which thus pass into the custody of [BU] remain my legal property until otherwise indicated, according to the statements below.” Later the letter indicates that the papers will be transferred to Defendant in installments until all have been transferred. “In the event of [King"s] death, all . . . materials deposited with [BU] shall become from that date the absolute property of [BU].” 2) History a) The plaintiff filed a suit to reclaim the papers b) The jury held that the papers were a charitable donation not a contract c) The appellate court affirmed d) Plaintiff appeals to supreme court 3) Issues a) Were the papers a charitable pledge i) A charitable subscription is an oral or written promise to do certain acts or to give real or personal property to charity or for a charitable purpose ii) Two sentences in particular make the papers look like a charitable pledge iii) The first statement creates a bailment; by BU accepting the papers they assumed the duty of care as bailee set forth. iv) The bailment establishes there was a promise to transfer the papers of the bailed property v) Plaintiff argues that the second statement is an attempt at a testamentary transfer, which fails to satisfy the statutory requirements of a will. The Court disagrees, finding that the statute of wills does not prevent a person from making a contract or promise that will not take effect until after death. 4) Judgment: Affirmed