NJ Attorney General: Mary Jacobs Foundation Must Fulfill Its Original Purpose as a Library

The Montgomery News Staff | July 17, 2025

• Rocky Hill Borough asks for a court-appointed receiver to review and oversee trustees’ actions & possible new leadership.

• Attorney General says court should compel MJF to honor its charitable purpose.

• Lawyers ask judge to dismiss MJF countersuits against mayor, two former borough council members, and private Rocky Hill citizens.

— Court date moved from July 18 to August 29 in Flemington (The court says, "No more continuations.")

The Mary Jacobs Memorial Library opened in Rocky Hill in November 1974, after two years of planning and building.

The NJ Attorney General Makes a Decision

The court must order the Mary Jacobs Memorial Library Foundation to continue to operate the library in Rocky Hill, and to fulfill its original purpose as stated in its 1972 certificate of incorporation, according to a court document filed by NJ Attorney General Matthew J. Platkin’s office on June 19.

The Attorney General’s Office — in its role as protector of the public interest in charitable gifts and trusts — will send deputy Thomas J. Swan to appear in Superior Court, Chancery Division, at the Somerset County Courthouse in Flemington on August 29 for an order to deny cy pres to the foundation. The court date was originally scheduled for July 18, but the MJF trustees asked for an extension. The court date was originally scheduled for July 18, but the MJF trustees asked for an extension.

According to the AG’s petition, the court must deny the foundation’s cy pres application. Cy pres is a required legal process nonprofits must use when they want to redirect charitable funds or assets to a new purpose. It must be used to ensure the new purpose aligns with the original donor’s intent, and it must be proved that the original purpose can no longer be fulfilled. 

The foundation had applied for the necessary cy pres in 2023, more than a year after clearing out the building, changing its name to the Mary Jacobs Foundation (omitting the word library), changing its mission, and listing the property for sale.

In January, 2022 the MJF foundation amended its certificate of incorporation and changed its purpose from “equip and maintain a free library open to the public in the Borough of Rocky Hill” to “support projects that benefit our community, particularly in the areas of creativity, education, sustainably, and community engagement, and to carry out its work through the medium of others,” according to court documents.

The attorney general’s legal argument states “there exist no genuine issues of material fact.” The foundation has not demonstrated that its original purpose has become impractical, impossible, or wasteful to warrant cy pres relief, according to court documents. 

To quote directly from the Attorney General’s brief, “The court should compel the foundation to honor its charitable purpose.”

A Complicated Lawsuit

The Borough of Rocky Hill filed a complaint against the MJF foundation in September, 2023 seeking judgement that MJF did not have the authority to amend its certificate of incorporation in a manner contrary to the expressed restrictions in Harold Jacobs’ will.

The borough also asked the court to void the foundation’s attempt to amend its certificate of incorporation because the MJF failed to request or obtain the required judicial review and approval.

In November, 2023 MJF filed for court approval for the changes they made in 2022 to their certificate of incorporation. MJF also filed multiple counterclaims against the borough, Mayor Bob Uhrik, and former elected officials (Susan Bristol and Connie Hallman). MJF also sued the SavetheMJL nonprofit corporation and private citizens Helen Morris; Walter J. Bradhering; Adele Batchelder; William K. Hallman; and Thomas D. Bremner. These litigations continue. 

>> Click to Read Related Story: Rocky Hill-Based Foundation Files Counterclaim Against Borough

Borough Asks Court for Oversight of Trustees

On June 19, Brian Kasper of Stark & Stark who represents the borough and SaveTheMJL (a nonprofit corporation of private citizens fighting to keep the library in town) filed documents asking the court to “appoint a receiver” to oversee the Mary Jacobs Memorial Library Foundation.

When a receiver is appointed to oversee a non-profit foundation in New Jersey, the receiver effectively takes control of the foundation’s assets and operations, stepping into the shoes of the board of directors. 

The court-appointed receiver manages the foundation’s business, preserves its assets, and may even have the power to undo previous actions of the board. The receiver’s actions are guided by the court order. Ultimately, the receiver’s goal is to manage the foundation’s affairs, while protecting its assets.

The borough-retained attorney is asking the court to empower the receiver to:

• Review the MJF’s finances to determine whether the current board has engaged in “waste, malfeasance, or a breach of their fiduciary duties.”

• Disband the MJF board upon finding evidence of any of the above issues.

  
  

• And to restore the library building and its certificate of incorporation to its original condition prior — the one that existed before MJF allegedly illegally filed an amended certificate in January, 2022. 

Advertisement

Court Documents

The Montgomery News obtained the information for this article solely from three court documents filed online on June 19.

1. Notice of Motion for Summary Judgment in the Borough of Rocky Hill Vs. Mary Jacobs Foundation dated June 19.

2. Brief in Support of Attorney General’s Motion for Summary Judgment dated June 19.

3. Mary Jacobs Foundation vs (Mayor) Robert Uhrik, Susan Bristol, Connie Hallman, and John Does 1-20 Notice of Motion for Summary Judgment dated June 19.

The newspaper editor reached out to the Mary Jacobs Foundation for a comment. Trustee Michelle Jacob (no relation to Mary Jacobs) sent a response email stating: “We can’t comment on ongoing litigation.”

All other parties, including the mayor of Rocky Hill, had no comment either. ■