Also known as: charitable trust
Written by attorneys · grounded in primary & secondary sources — see below
A trust or portion of a trust created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is beneficial to the community.
Cade Carpenter transfers assets to a trustee with directions to award college scholarships to graduates of underfunded high schools in his hometown. The arrangement satisfies the definition because the purpose aligns with advancement of education that benefits the community at large.
Cecilia Cabrera funds a trust to underwrite free medical screenings at rural clinics serving low-income residents. The purpose qualifies because it promotes health services that produce measurable benefits for the surrounding community.
Select any source to read its text and confirm it supports the definition.
Corinne Cho creates a trust to maintain a historic building as a public museum but restricts admission to one racial group. A court later considers whether the racial restriction can be severed while preserving the charitable character of the museum purpose.
Cassandra Cooper establishes a trust to operate a city park for public recreation but includes a clause limiting use to one racial group. After the clause is invalidated, the court must decide whether the remaining assets revert or continue under the charitable purpose.
Claire Campbell transfers land in trust to a city for use as a park open to all residents, yet the city operates the park in a racially segregated manner. The court evaluates whether the public character of the trust subjects its administration to constitutional requirements.
Catherine Carter funds a trust to support a private university that maintains racially discriminatory admissions policies. The court assesses whether the charitable status can be retained when the institution's practices conflict with established public policy.
A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes beneficial to the community.
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The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust.
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If a charitable purpose becomes unlawful, impracticable, impossible, or wasteful, the court may apply cy pres to modify or terminate the trust, directing assets in a manner consistent with the settlor's charitable purposes.
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No. When the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries consistent with the settlor's intention.
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A trust may be created to provide for the care of an animal alive during the settlor's lifetime, but any extension to future animals falls outside the statutory authorization for charitable trusts.
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…Court of Georgia affirmed, holding that Senator Bacon had the right to give and bequeath his property to a limited class, that charitable trusts are subject to supervision of a court of equity, and that the power to appoint new trustees so that the purpose of the trust would not fail was clear. 220 Ga. 280 , 138 S. E. 2d 573 . The…