LegalFix
Sign In

§ 91-8-413. Cy pres

MS Code § 91-8-413 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a) Except as otherwise provided in subsection (b), if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, obsolete or ineffective:

(1) The trust does not fail, in whole or in part;

(2) The trust property does not revert to the settlor or the settlor’s successors in interest; and

(3) 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 that fulfills as nearly as possible the settlor’s charitable intent and purposes.

(b) 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 (a) to apply cy pres to modify or terminate the trust only if, when the provision takes effect:

(1) The trust property is to revert to the settlor and the settlor is still living; or

(2) Fewer than twenty-one (21) years have elapsed since the date of the trust’s creation.

Previous Section
§ 91-8-412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively
Next Section
§ 91-8-414. Modification or termination of uneconomic trust