7740.3 - Charitable trusts - UTC 413.

     § 7740.3.  Charitable trusts - UTC 413.        (a)  General rule.--Except as otherwise provided in     subsection (b), if a particular charitable purpose becomes     unlawful, impracticable or wasteful:            (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 shall apply cy pres to fulfill as nearly        as possible the settlor's charitable intention, whether it be        general or specific.        (b)  Exception.--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.        (c)  Administrative deviation.--A court may modify an     administrative provision of a charitable trust to the extent     necessary to preserve the trust.        (d)  Administrative termination of small charitable trusts.--     A trust solely for charitable purposes having assets of less     than $100,000 may be terminated at its inception or at any time     thereafter by the trustee with the consent of the Attorney     General and all charitable organizations that are designated as     beneficiaries by name in the trust instrument. Upon termination,     the assets, subject to the approval of the Attorney General,     shall be delivered to the organizations, if any, designated in     the trust instrument or, if none, to organizations selected by     the trustee, in either case to be held and applied for the     general or specific charitable purposes and on the terms that     will, in the trustee's discretion, fulfill as nearly as possible     the settlor's intention.        (e)  Judicial termination of charitable trusts.--If the     separate existence of a trust, whenever created, solely for     charitable purposes results or will result in administrative     expense or other burdens unreasonably out of proportion to the     charitable benefits, the court may, upon application of the     trustee or any interested person and after notice to the     Attorney General, terminate the trust, either at its inception     or at any time thereafter, and award the assets outright, free     of the trust, to the charitable organizations, if any,     designated in the trust instrument or, if none, to charitable     organizations selected by the court, in either case for the     purposes and on the terms that the court may direct to fulfill     as nearly as possible the settlor's intentions other than any     intent to continue the trust, if the court is satisfied that the     charitable organizations will properly use or administer the     assets.        Cross References.  Section 7740.3 is referred to in sections     7705, 7740 of this title.