Overview
Charitable purposes, cy pres, enforcement standing. This module covers 7 of The Law of Trusts casebook, with real case holdings, key principles, and practical problems.
Educational content from the casebook "The Law of Trusts" — rebranded under AKASHIC INTELLIGENCE / LOVELOVINGLIFE. This is legal education, not legal advice. Trust law varies by state. Always consult a qualified estate-planning attorney.
Key Cases (3)
Marsh v. Frost National Bank
129 S.W.2d 174 · Issue: Charitable purpose — what qualifies
Holding: A trust to provide a million dollars to every American is NOT charitable — it provides personal enrichment, not community benefit. The rule against perpetuities applies to non-charitable trusts.
Petition of Pierce
136 A.2d 510 · Issue: Cy pres — general charitable intent
Holding: Cy pres applies when the specific charitable purpose becomes impossible AND the settlor had general charitable intent. The court widens the class of beneficiaries to fulfill the general intent.
Lucas Charitable Gift
261 P.3d 800 · Issue: Cy pres and the gift-over rule
Holding: A gift-over provision does not preclude cy pres if the alternative purpose is also impracticable. Both primary and secondary purposes must fail before cy pres applies.
Practice Problems (1)
Cy Pres — General Charitable Intent
Scenario: A charitable trust's specific purpose becomes impossible. The will does not name an alternative. Can the court redirect?
Analysis: Yes, IF the settlor had general charitable intent. The court redirects to a similar charitable purpose 'as near as possible' to the original. Modern Restatement presumes general intent unless the trust says otherwise.
Deep Dive
Read the full chapter in The Law of Trusts, Made Plain