North Dakota § 59-12-13 (413) Cy pres

North Dakota Statutes

§ 59-12-13 — (413) Cy pres

North Dakota § 59-12-13

Title 59Trusts, Uses, and Powers

Ch. 59-12Creation, Validity, Modification, and Termination of Trust

This text of North Dakota § 59-12-13 ((413) Cy pres) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 59-12-13 (2026).

Text

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.