1965/66/67 session laws – Ch.119 Sec.1

Article 4 of Chapter 36 of the General Statutes is hereby amended by adding at the end thereof a new Section to be numbered G. S. 36-23.2 and to read as follows: 36-23.2. Charitable Trusts Administration Act. (a) If a trust for charity is or becomes illegal, or impossible or impracticable of fulfillment or if a devise or bequest for charity, at the time it was intended to become effective is illegal, or impossible or impracticable of fulfillment, and if the settlor, or testator, manifested a general intention to devote the property to charity, any Judge of the Superior Court may, on application of any trustee, executor, administrator or any interested party, or the Attorney General, order an administration of the trust, devise or bequest as nearly as possible to fulfill the manifested general charitable intention of the settlor or testator. In every such proceeding, the Attorney General, as representative of the public interest, shall be notified and given an opportunity to be heard. This Section shall not be applicable if the settlor or testator has provided, either directly or indirectly, for an alternative plan in the event the charitable trust, devise or bequest is or becomes illegal, impossible or impracticable of fulfillment. However, if the alternative plan is also a charitable trust or devise or bequest for charity and such trust, devise or bequest for charity fails, the intention shown in the original plan shall prevail in the application of this Section. (b) The words charity and charitable, as used in this Section shall include, but shall not be limited to, any eleemosynary, religious, benevolent, educational, scientific, or literary purpose.