GA Code § 53-4-62 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 6 - Construction of Will; Testamentary Gifts|§ 53-4-62. Testamentary Gift to Charity

 If a testamentary gift to a charity cannot be executed in the exact manner provided by the testator, the superior court may exercise equitable powers in such a way as will as nearly as possible effectuate the intention of the testator.    (Code 1981, §53-4-62, enacted by Ga. L. 1996, p. 504, § 10.)   Law reviews.   - For article discussing the validity of charitable gifts in Georgia, see 1 Ga. B.J. 16 (1939). For article, "The Rule Against Perpetuities as Applied to Georgia Wills and Trusts," see 16 Ga. L. Rev. 235 (1982). For article, "Private Trusts for the Provision of Private Goods," see 37 Emory L.J. 295 (1988). For note on discriminatory charitable trusts in Georgia, with regard to application of the cy pres doctrine, in light of Evans v. Newton, 382 U.S. 296, 86 S. Ct. 486, 15 L. Ed. 2d 373 (1966), see 6 Ga. St. B.J. 428 (1970). For comment on Evans v. Abney, 396 U.S. 435, 90 S. Ct. 628, 24 L. Ed. 2d 634 (1970), see 22 Mercer L. Rev. 493 (1971). For comment on Creech v. Scottish Rite Hosp. for Crippled Children, 211 Ga. 195, 84 S.E.2d 563 (1954), see 17 Ga. B.J. 512 (1955). For comment on Trammell v. Elliott, 230 Ga. 841, 199 S.E.2d 194 (1973), see 10 Ga. St. B.J. 502 (1974).   RESEARCH REFERENCES   Am. Jur. 2d.   - 15 Am. Jur. 2d, Charities, § 148 et seq.   C.J.S.   - 14 C.J.S., Charities, § 45 et seq.   ALR.    - Gift to fraternal order as valid charitable gift, 5 A.L.R. 1175.    General charitable intent as essential to application of cy pres doctrine, 74 A.L.R. 671.    Law governing capacity of legatee or devisee to take, or of testator to give, to charitable or religious institutions, 91 A.L.R. 491.    Legacy or devise to religious or other society as affected by discontinuance of its active functions, or its merger or association with other organization, 91 A.L.R. 840.    Validity, interpretation, and application of provisions of will making devise or bequest to or in trust for religious or educational body dependent upon adherence to particular body of principles or dogmas, or ecclesiastical connection, 120 A.L.R. 971.    Doctrine of equitable conversion as affected by discretion as to time, manner or other circumstances of sale, where the duty to sell is mandatory, 124 A.L.R. 1448.   Cy pres doctrine as affected by sectarian or doctrinal differences or factors, 3 A.L.R.2d 78.   Allowance of attorneys' fees in litigation involving cy pres doctrine, 89 A.L.R.2d 691.   Applicability of doctrine of equitable approximation to cut down to a permissible time period the time of a testamentary gift that violates rule against perpetuities, 95 A.L.R.2d 807.   Validity and effect of provision or condition against alienation in gift for charitable trust or to charitable corporation, 100 A.L.R.2d 1208.   Validity and effect of gift for charitable purposes which excludes otherwise qualified beneficiaries because of their race or religion, 25 A.L.R.3d 736.   Merger or consolidation of corporation as terminating charitable trust of which corporation is beneficiary, 34 A.L.R.3d 749.   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.   Application of cy pres doctrine to trust for promulgation of particular political or philosophical doctrines, 67 A.L.R.3d 417.   Division of charitable gift among several claimants where named donee is nonexistent, 67 A.L.R.3d 442.   Disposition of surplus trust income after payment of specific amount to charity, 96 A.L.R.3d 954.