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6 Arkansas opinions name it 2 courts 1949–2017 0 in the last five years
The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Lowery v. Jonesgreen2 sentences2017I also agree with the majority’s holding that the cy pres doctrine can, under the proper circumstances, be applied to a charitable bequest for the reasons stated by our supreme court in Lowery v. Jones, 272 Ark. 55 , 611 S.W.2d 759 (1981), However; upon examination of these facts, I believe the trial court clearly erred in applying the cy pres doctrine-to direct the residuary of the estate to SRMC. 2017I also agree with the majority’s holding that the cy pres doctrine can, under the proper circumstances, be applied to a charitable bequest for the reasons stated by our supreme court in Lowery v. Jones, 272 Ark. 55 , 611 S.W.2d 759 (1981), However; upon examination of these facts, I believe the trial court clearly erred in applying the cy pres doctrine-to direct the residuary of the estate to SRMC. | 2 | 3 |
Slade v. Gammillgreen2 sentences1967In the case of Slade v. Gammill, 226 Ark. 244 , 289 S. W. 2d 176 , in affirming a decree of the trial court under the cy pres doctrine, this court quoted with approval from volume 2, A, Section 431 Bogert, on The Law of Trusts and Trustees as follows: * * * “the cy pres doctrine is ‘. . . the principle that equity will, when a charity originally or later becomes impossible or impracticable of fulfillment, substitute another charitable object which is believed to approach the original purpose as closely as possible. 1967In the case of Slade v. Gammill, 226 Ark. 244 , 289 S. W. 2d 176 , in affirming a decree of the trial court under the cy pres doctrine, this court quoted with approval from volume 2, A, Section 431 Bogert, on The Law of Trusts and Trustees as follows: * * * “the cy pres doctrine is ‘. . . the principle that equity will, when a charity originally or later becomes impossible or impracticable of fulfillment, substitute another charitable object which is believed to approach the original purpose as closely as possible. | 1 | 3 |
Bossen v. Woman's Christian National Library Ass'ngreen2 sentences2017In Bosson, 216 Ark. at 338 , 225 S.W.2d at 338 , the Arkansas Supreme Court acknowledges that cy pres may be applied to devises and trusts alike: “There are many cases from this and other jurisdictions in which courts of equity have applied the cy pres doctrine-in the execution of a charitable trust or devise.” . 2017In Bosson, 216 Ark. at 338 , 225 S.W.2d at 338 , the Arkansas Supreme Court acknowledges that cy pres may be applied to devises and trusts alike: “There are many cases from this and other jurisdictions in which courts of equity have applied the cy pres doctrine-in the execution of a charitable trust or devise.” . | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McCarroll v. Grand Lodge of the I. O. O. F.
neutral
2 sentences1967It is the theory that equity has the power to mould the charitable trust to meet emergencies.’ ” Appellees correctly interpret our holdings in the case of McCarroll v. Grand Lodge I.O.O.F., 154 Ark. 376 , 243 S. W. and Burel v. Grand Lodge I.O.O.F., 163 Ark. 131 , 259 S. W. 369 . 1960McCarroll v. Grand Lodge, 154 Ark. 376 , 243 S. W. 870 ; State ex rel. | 2 | 1960–1967 |
Estate of Alexander v. Sparks Regional Medical Center
green
2 sentences2017Equity has the power to shape a 11 Cite as 2017 Ark. 2017However, alternatively, if a charitable trust was created and/or the cy pres doctrine can apply to charitable bequests, I would remand and order the circuit court to give the money to a similarly situated nonprofit as was Sparks Hospital, noting that 29 “Hospital business” was defined in the agreement as “the Hospital and other healthcare facilities and business (including clinics and outpatient operations) owned and operated by Seller, including all real property, whether developed or undeveloped, associated with any of the foregoing and all business, structures, fixtures and other improvemen | 1 | 2017–2017 |
Covenant Presbytery v. First Baptist Church
green
2 sentences2016Carpenter 9 Cite as 2016 Ark. 138 clearly intended to create a charitable trust to which the circuit court properly applied the doctrine of cy pres. 2016Arkansas has codified the cy pres doctrine at Arkansas Code Annotated section 28- 73-413: (a) Except as otherwise provided in subsection (b), if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful: (1) the trust does not fail, in whole or in part; (2) the trust property does not revert to the settlor or the settlor’s successors in interest; and (3) a 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 settlor’s charitable purp | 1 | 2016–2016 |
Burel v. Grand Lodge I. O. O. F.
neutral
2 sentences1967It is the theory that equity has the power to mould the charitable trust to meet emergencies.’ ” Appellees correctly interpret our holdings in the case of McCarroll v. Grand Lodge I.O.O.F., 154 Ark. 376 , 243 S. W. and Burel v. Grand Lodge I.O.O.F., 163 Ark. 131 , 259 S. W. 369 . 1967It is the theory that equity has the power to mould the charitable trust to meet emergencies.’ ” Appellees correctly interpret our holdings in the case of McCarroll v. Grand Lodge I.O.O.F., 154 Ark. 376 , 243 S. W. and Burel v. Grand Lodge I.O.O.F., 163 Ark. 131 , 259 S. W. 369 . | 1 | 1967–1967 |
Donaghey Foundation v. Little Rock University
neutral
2 sentences1960We actually approved a deviation in the recent case of Donaghey Foundation v. Little Rock University, 231 Ark. 748 , 332 S. W. 2d 497 , and I think we should take the present opportunity to set all doubts at rest by specifically overruling the contrary doctrine that was announced in Atkinson v. Lyle. 1960We actually approved a deviation in the recent case of Donaghey Foundation v. Little Rock University, 231 Ark. 748 , 332 S. W. 2d 497 , and I think we should take the present opportunity to set all doubts at rest by specifically overruling the contrary doctrine that was announced in Atkinson v. Lyle. | 1 | 1960–1960 |
Trustees of the Sailors' Snug Harbor v. Carmody
green
2 sentences1949F. of Arkansas, supra, this court cited many cases in which the cy pres doctrine has been applied and quoted with approval as follows from the ease of Sailors Snug Harbor v. Carmody, 211 N. Y. 286 , 105 N. E. 543 : “No general rule can be enunciated as to the manner in which the cy pres doctrine will be applied. 1949F. of Arkansas, supra, this court cited many cases in which the cy pres doctrine has been applied and quoted with approval as follows from the ease of Sailors Snug Harbor v. Carmody, 211 N. Y. 286 , 105 N. E. 543 : “No general rule can be enunciated as to the manner in which the cy pres doctrine will be applied. | 1 | 1949–1949 |
Atkinson v. Lyle
neutral
2 sentences1949We cannot cause this trust to be executed in the precise manner contemplated by the testator, but we can apply the trust fund to another charity as nearly as possible like that mentioned in the will . . .” We have not overlooked the case of Atkinson v. Lyle, 191 Ark. 61 , 85 S. W. 2d 715 , in which a divided court held the cy pres doctrine inapplicable where the instrument creating the trust contained a positive prohibition against selling or encumbering the property devised. 1949We cannot cause this trust to be executed in the precise manner contemplated by the testator, but we can apply the trust fund to another charity as nearly as possible like that mentioned in the will . . .” We have not overlooked the case of Atkinson v. Lyle, 191 Ark. 61 , 85 S. W. 2d 715 , in which a divided court held the cy pres doctrine inapplicable where the instrument creating the trust contained a positive prohibition against selling or encumbering the property devised. | 1 | 1949–1949 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.