North Dakota § 59-12-13 (413) Cy pres

North Dakota Statutes

§ 59-12-13 — (413) Cy pres

North Dakota·Title 59 Trusts, Uses, and Powers·Ch. 59-12 Creation, Validity, Modification, and Termination of Trust

1.Except as otherwise provided in subsection 2, if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful, the trust does not fail, in whole or in part; the trust property does not revert to the settlor or the settlor's successors in interest; and 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.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 1 to apply cy pres to modify or terminate the trust.

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1. Except as otherwise provided in subsection 2, if a particular charitable purpose
becomes unlawful, impracticable, impossible to achieve, or wasteful, the trust does not
fail, in whole or in part; the trust property does not revert to the settlor or the settlor's
successors in interest; and 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. 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 1 to apply cy pres to modify or terminate the trust.

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