Cy pres. (1) Except as otherwise provided in subsection (2) of this section, if a particular charitable purpose of a trust becomes unlawful, impracticable, impossible to achieve or wasteful: (a) The trust does not fail, in whole or in part; (b) The trust property does not revert to the settlor or the settlors successors in interest; and (c) 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 consistent with the settlors charitable purposes. (2) If a provision in the terms of a charitable trust would result in distribution of the trust property to a noncharitable beneficiary, a court may not apply cy pres to modify or terminate the trust under subsection (1)(c) of this section if, when the provision takes effect: (a) The trust property is to revert to the settlor and the settlor is still living; or (b) Fewer than 50 years have elapsed since the date of the trusts creation.
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