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The Barnes Foundation is a world-class art collection, amassed in the first half of the twentieth century by the wealthy, but eccentric, Dr. Albert C. Barnes. In establishing the Foundation, Barnes set forth detailed and comprehensive restrictions on the use of, management of, and access to the trust that funded it. Efforts to modify the trust in the interest of public access have generated millions of dollars in litigation expenses over the last fifty years. This Comment will explore the most recent chapter in the Barnes Foundation saga: an offer by the Pew Charitable Trust and the Lenfest Foundation to contribute $150 million to the Barnes Foundation, contingent on the court's approval of major modifications to the Barnes indenture.' This offer reveals the considerable tension between the rubric of respect for donor intent and the importance of the public interest in the administration and modification of charitable trusts. Charitable trusts receive significant public benefits in the form of tax incentives, exemption from the usual rule against perpetuities, and public enforcement of trust terms. In spite of scholarly arguments for change, charitable trusts are almost always administered and supervised under the principle that donor intent is paramount. Public interest and notions of charitable efficiency are considered only insofar as the donor himself would have considered them. While the favored status of charitable trusts and deference to donor intent have been longstanding features of charitable trust law, closer scrutiny is justified. Philanthropy of the Barnes variety remains a bastion of the wealthy for the wealthy. Charitable institutions allow

university of pennsylvania law review

Keeping Charity in Charitable Trust Law: The Barnes Foundation and the Case for Consideration of Public Interest in Administration of Charitable Trusts