Massachusetts General Laws

Mass. Gen. Laws ch. 214, § 10B (2026)

Proceedings for application of cy pres doctrine to failure of charitable gifts; deviation; notice; parties

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Section 10B. Upon a petition commenced after the death of the donor for the application cy pres to similar public charitable purposes of a gift for a public charitable purpose which has become impossible or impracticable of fulfillment, the court may exercise jurisdiction without requiring that the heirs or next of kin of the donor or others who would be entitled to take upon failure of any charitable gift be joined as parties. Upon any such petition notice shall be given to persons not joined as parties who would be entitled to take upon failure of any charitable gift, unless the provisions of section eight K of chapter twelve is applicable, or, if the provisions of said section are not applicable, unless, upon a petition commenced more than twenty years after the death of the donor, the court expressly finds that the donor by written instrument manifested a general intention to devote the property to public charitable purposes. Such notice, where required, shall be given by publication or otherwise, as the court shall determine to be practicable in the circumstances.

Upon a petition to permit reasonable deviation from any of the subordinate terms of a charitable gift of a donor who has died, the court may exercise jurisdiction without requiring that those who would be entitled to take upon failure of such gift be joined as parties or notified of the proceeding. Nothing in this section shall preclude the joinder as a party in any such petition of a person who would be entitled to take upon failure of any charitable gift. The provisions of section eight G of chapter twelve shall be applicable to all such petitions.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1978–2025 · leading case: Williams Coll. v. Attorney Gen., 375 N.E.2d 1225 (Mass. 1978).
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Williams Coll. v. Attorney Gen., 375 N.E.2d 1225 (Mass. 1978). “This case does not involve a petition for the application of the doctrine of cy pres, in which the notice requirements of G. L. c. 214, § 10B, would have to be satisfied.”
In the Matter of the Richard E. Howard Trust. (Mass. App. Ct. 2025). “12, § 8G; G. L. c. 214, § 10B. Our case law often refers to the Attorney General's authority in this regard as "exclusive"; however, "a plaintiff who asserts an individual interest in the charitable organization distinct from that of the general public has standing to pursue her…”
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