Nebraska § 30-2342.01 Gift for benevolent purpose; validity;
court; powers; notice to Attorney General

Nebraska Statutes

§ 30-2342.01 — Gift for benevolent purpose; validity; court; powers; notice to Attorney General

Nebraska § 30-2342.01

Ch. 30Decedents' Estates; Protection of Persons and Property

This text of Nebraska § 30-2342.01 (Gift for benevolent purpose; validity; court; powers; notice to Attorney General) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 30-2342.01 (2026).

Text

(a)Except as otherwise provided in subsection (d) of this section, no gift, devise, or endowment for religious, educational, charitable, or benevolent purposes, which in other respects is valid under the laws of this state, shall be invalid or fail by reason of the indefiniteness or uncertainty of the recipient of the gift, devise, or endowment or by reason that it is or has become unlawful, impracticable, impossible to achieve, or wasteful.

(b)The court, on application of any interested person or the Attorney General may determine and order an administration or distribution of the gift, devise, or endowment in a manner as consistent as possible with the intent expressed in the document creating the gift, devise, or endowment. This section shall not be deemed to limit application of the

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(a) Except as otherwise provided in subsection (d) of this
section, no gift, devise, or endowment for religious, educational, charitable,
or benevolent purposes, which in other respects is valid under the laws of
this state, shall be invalid or fail by reason of the indefiniteness or uncertainty
of the recipient of the gift, devise, or endowment or by reason that it is
or has become unlawful, impracticable, impossible to achieve, or wasteful.
(b) The court, on application
of any interested person or the Attorney General may determine and order an
administration or distribution of the gift, devise, or endowment in a manner
as consistent as possible with the intent expressed in the document creating
the gift, devise, or endowment. This section shall not be deemed to limit
application of the common law doctrines of cy pres and deviation or of section 58-615 .
(c)
In an application for relief under this section which is not brought by the
Attorney General, notice of the proceeding shall be given to the Attorney
General as a representative for the charitable interests involved.
(d) Subsection (a) of
this section shall not apply if the document creating the gift, devise, or
endowment expressly provides for an alternate disposition of the gift, devise,
or endowment in the event the gift, devise, or endowment has become unlawful,
impracticable, impossible to achieve, or wasteful. A general residuary devise
by will shall not be considered an express provision for an alternate disposition.
(e) Any gift, devise,
or endowment to a trust with charitable purposes as described in section 30-3831
shall be governed by section 30-3839 .

Legislative History

Source: Laws 2010, LB758, § 2. Annotations: Pursuant to subsection (a) of this section, no gift or devise for charitable or benevolent purposes shall be invalid or fail by reason that it is impossible to achieve. In re Estate of Akerson, 309 Neb. 470, 960 N.W.2d 719 (2021). Pursuant to subsection (b) of this section, the court may determine and order an administration or distribution of the gift or devise in a manner as consistent as possible with the intent expressed in the document. In re Estate of Akerson, 309 Neb. 470, 960 N.W.2d 719 (2021).