2022 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 12 - Trusts
Article 9 - Charitable Trusts
§ 53-12-172. Cy Pres

Universal Citation: GA Code § 53-12-172 (2022)

If a charitable trust or gift cannot be executed in the manner provided by the settlor or donor, the superior court shall exercise equitable powers in such a way as will as nearly as possible effectuate the intention of the settlor or donor.

History. Code 1981, § 53-12-172 , enacted by Ga. L. 2010, p. 579, § 1/SB 131.

History of Code section.

This Code section is derived from the decision in Kelly v. Welborn, 110 Ga. 540 , 35 S.E. 636 (1900).

Law reviews.

For note on discriminatory charitable trusts in Georgia, with regard to application of the cy pres doctrine, in light of Evans v. Newton, 382 U.S. 296, 86 S. Ct. 486 , 15 L. Ed. 2 d 373 (1966), see 6 Ga. St. B.J. 428 (1970).

For article, “Private Trusts for the Provision of Private Goods,” see 37 Emory L.J. 295 (1988).

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