Modification or termination of charitable trust (Cy Pres).

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3B:31-29 Modification or termination of charitable trust (Cy Pres).

3B:31-29. Modification or Termination of Charitable Trust (Cy Pres).

a. Except as otherwise provided in subsection b. of this section, if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful:

(1) the trust does not fail, in whole or in part;

(2) the trust property does not revert to the settlor or the settlor's estate; and

(3) the court may modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes.

b. A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under subsection a. of this section.

L.2015, c.276, s.1.


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