King v. Trustees of Boston Univ.

Martin Luther King Jr., an alumnus of Boston University, was asked in 1963 to deposit some papers in their library's newly expanded special collections. The plaintiff testified that her husband thought "Boston seemed to be the only place, the best place, for safety," but was concerned that placing them there could subject him to criticism. King deposited some papers but sent a letter on July 16, 1964, to the university indicating that the papers would remain his legal property unless otherwise indicated. The letter contained two important statements:

"In accordance with this action I have authorized the removal of most of the above-mentioned papers and other objects to Boston University, including most correspondence through 1961, at once. It is my intention that after the end of each calendar year, similar files of materials for an additional year should be sent to Boston University." "I intend each year to indicate a portion of the materials deposited with Boston University to become the absolute property of Boston University as an outright gift from me, until all shall have been thus given to the University. In the event of my death, all such materials deposited with the University shall become from that date the absolute property of Boston University"

King asserted that her husband made a statement of intent to act in the future, there was no consideration and jury instructions were improper. The jury found that the papers were submitted to Boston University as a charitable pledge, not a contract.

The opinion was written by Ruth Abrams where the court affirmed the lower court's judgment that the papers were submitted to Boston University as an enforceable charitable pledge, where there was a promise to give property to a charitable institution. The letter was not a contract between the parties because there was no indication of bargained for exchange to bound Dr. King to his promise.