(a) The trust does not fail, in whole or in part;
(b) The trust property does not revert to the settlor or the settlor’s successors in interest; and
(c) The court may apply cy pres to 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.
(2) If a provision in the terms of a charitable trust would result in distribution of the trust property to a noncharitable beneficiary, a court may not apply cy pres to modify or terminate the trust under subsection (1)(c) of this section if, when the provision takes effect:
(a) The trust property is to revert to the settlor and the settlor is still living; or
(b) Fewer than 50 years have elapsed since the date of the trust’s creation. [2005 c.348 §33; 2009 c.275 §13]