New York Estates, Powers and Trusts Code § 8-1.1

Disposition of property for charitable purposes
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§ 8-1.1 Disposition of property for charitable purposes\n  (a) No disposition of property for religious, charitable, educational\nor benevolent purposes, otherwise valid under the laws of this state, is\ninvalid by reason of the indefiniteness or uncertainty of the persons\ndesignated as beneficiaries. If a trustee is named in the disposing\ninstrument, legal title to the property transferred for such a purpose\nvests in such trustee; if no person is named as trustee, title vests in\nthe court having jurisdiction over the trust.\n  (b) No disposition of property made in a will, executed and attested\nas prescribed by law, is invalid by reason of the incorporation by\nreference in the will of any existing written resolution, declaration or\ndeed of trust, identified in such will and made or adopted by any\ncorporation authorized by law to execute or accept trusts, to assist,\nencourage and promote the well-being and well-doing of mankind in\ngeneral or the inhabitants of any community in particular; provided that\na copy of such resolution, declaration or deed of trust, certified,\nunder its corporate seal, by the secretary or assistant secretary or the\ncashier or assistant cashier of such corporation, is filed for record in\nthe office of the secretary of state and in the office of the clerk or\nregister of the county of the corporation's principal place of business,\nin which the conveyances of real property are required by law to be\nfiled for record, the secretary of state and the officer in charge of\nsuch record office being hereby authorized and directed to receive and\nrecord such resolution, declaration or deed of trust upon payment of the\nfees provided by law. Any such testamentary disposition to a corporation\nfor the religious, charitable, educational or benevolent purposes set\nforth in such resolution, declaration or deed of trust is effective\nalthough the terms, conditions and purposes of such disposition are\nestablished only through such reference in the will.\n  (c) (1) The supreme court and, where the disposition is made by will,\nthe surrogate's court in which such will is probated have jurisdiction\nover dispositions referred to and authorized by paragraphs (a) and (b),\nand whenever it appears to such court that circumstances have so changed\nsince the execution of an instrument making a disposition for religious,\ncharitable, educational or benevolent purposes as to render\nimpracticable or impossible a literal compliance with the terms of such\ndisposition, the court may, on application of the trustee or of the\nperson having custody of the property subject to the disposition and on\nsuch notice as the court may direct, make an order or decree directing\nthat such disposition be administered and applied in such manner as in\nthe judgment of the court will most effectively accomplish its general\npurposes, free from any specific restriction, limitation or direction\ncontained therein; provided, however, that any such order or decree is\neffective only with the consent of the creator of the disposition if he\nis living.\n  (2) (i) The attorney general or any trustee or beneficiary of a\ntestamentary or lifetime trust wholly benefitting one or more charitable\nbeneficiaries may petition a court of competent jurisdiction, on notice\nto the attorney general and all parties interested in the trust, seeking\na termination of such trust when the trust is comprised of assets, the\nmarket value of which is one hundred thousand dollars or less and the\nexpense of administering the trust is uneconomic when considered\nrelative to income. When the court finds upon such application that\ncontinuation of the trust is economically impracticable or is not in the\nbest interests of the beneficiaries, the court shall make an order or\ndecree terminating the trust and directing the distribution of the trust\nassets to accomplish its charitable purposes, provided, however, that if\nthe trust is one for the benefit of a pa

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