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2018 Georgia Code 53-12-171 | Car Wreck Lawyer

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 12. (Revised Trust Code of 2010) Trusts, 53-12-1 through 53-12-506.

ARTICLE 9 CHARITABLE TRUSTS

53-12-171. Power to select purposes or beneficiaries.

The settlor of a charitable trust may retain the power to select the charitable purposes or charitable beneficiaries, or may grant the trustee or any other person the power to select charitable purposes or charitable beneficiaries or to engage in the charitable purposes, without rendering the trust void for indefiniteness.

(Code 1981, §53-12-171, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, §§ 108-207, 108-208, and 108-209 are included in the annotations for this Code section.

Words "religious, charitable, educational, and humanitarian purposes" are of sufficient definiteness to satisfy requirements of the statute. Marshall v. Trust Co., 231 Ga. 415, 202 S.E.2d 94 (1973) (decided under former Code 1933, §§ 108-207, 108-208, and 108-209).

Cited in Goree v. Georgia Indus. Home, 187 Ga. 368, 200 S.E. 684 (1938).

RESEARCH REFERENCES

Am. Jur. 2d.

- 15 Am. Jur. 2d, Charities, §§ 8, 9.

C.J.S.

- 14 C.J.S., Charities, §§ 5, 6, 7, 15.

ALR.

- Validity of trust for religious purposes not limited by sect or denomination, 22 A.L.R. 697.

Gift to preserve or develop beauties of nature as a valid charitable trust, 52 A.L.R. 980.

Validity of charitable trust which employs term "unfortunate" or "unfortunates" as descriptive of intended beneficiaries, 111 A.L.R. 719.

Effect on certainty of purpose or beneficiaries of a charitable gift, of the possible, but not required, inclusion of a noncharitable object, 115 A.L.R. 1123.

Charitable trust as affected by lack of territorial limitation as regards beneficiaries, 141 A.L.R. 346.

Failure of trustee to carry out purposes of charitable trust, or diversion of trust property to other purposes, as ground of suit by trustor or his heirs for adjudication of title to him or them, 143 A.L.R. 395.

Control of discretion of trustee as to turning over entire principal of fund to beneficiary, 143 A.L.R. 467.

Charitable gifts; definiteness, 163 A.L.R. 784.

Trust for school children as charitable, or merely benevolent, 25 A.L.R.2d 1114.

Gift to or for employees' pension fund as valid charitable gift or trust, 28 A.L.R.2d 428.

Gift, other than one to pension fund, for employees or former employees of a particular business or company, or their families, as valid charitable gift or trust, 51 A.L.R.2d 1290.

Validity, as a charitable trust, of gift to church, church society, or trustees or officers thereof, without declaration or restriction as to its use or purpose, 81 A.L.R.2d 819.

Validity, as charitable trust, of gift or prize or award to person or persons accomplishing specified results, 7 A.L.R.3d 1281.

Charitable trusts: elimination or modification, by court, of restrictions on amount of donation or expenditure which trustee may make for purposes of trust, 50 A.L.R.3d 1116.

Validity, construction, and effect of provisions of charitable trust providing for accumulation of income, 6 A.L.R.4th 903.

No results found for Georgia Code 53-12-171.