GA Code § 53-12-172 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 12 - Trusts|Article 9 - Charitable Trusts|§ 53-12-172. Cy Pres

 If a charitable trust or gift cannot be executed in the manner provided by the settlor or donor, the superior court shall exercise equitable powers in such a way as will as nearly as possible effectuate the intention of the settlor or donor.    (Code 1981, §53-12-172, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)   Law reviews.   - 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).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Purpose of Cy Pres   Applicability   Jurisdiction    RESEARCH REFERENCES   Am. Jur. 2d.   - 15 Am. Jur. 2d, Charities, § 157.   Charitable Intent of Trust Settlor - Cy Pres Doctrine, 9 POF2d 199.   Circumstances Warranting Application of Cy Pres Doctrine to Modify Terms of Charitable Trusts, 88 POF3d 469.   C.J.S.   - 90 C.J.S., Trusts, § 84.   ALR.    - Validity of trust for religious purposes not limited by sect or denomination, 22 A.L.R. 697.    Avoidance or reverter of valid charitable trust, purpose of which has failed, in absence of express provision therefor, 38 A.L.R. 44.    General charitable intent as essential to application of cy pres doctrine, 74 A.L.R. 671.    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.    Who may maintain suit or proceeding to enforce or administer benevolent or charitable trusts, 124 A.L.R. 1237.    Charitable trust as affected by insufficiency of assets, 169 A.L.R. 266.   Cy pres doctrine as affected by sectarian or doctrinal differences or factors, 3 A.L.R.2d 78.   Devolution of property to testator's heirs or next of kin, or to his residuary devisees or legatees, where testamentary charitable trust which became operative later fails, 62 A.L.R.2d 763.   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.   Allowance of attorneys' fees in litigation involving cy pres doctrine, 89 A.L.R.2d 691.   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.   Validity and construction of testamentary gift to political party, 41 A.L.R.3d 833.   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.   Effect on charitable trust or bequest for particular school or school district, or students or graduates thereof, of change in school or district structure or organization, 68 A.L.R.3d 997.   Extension of charitable trust benefits to persons residing outside geographic area prescribed by trust instrument, under doctrines of cy pres or equitable deviation, 68 A.L.R.3d 1049.   Disposition of surplus trust income after payment of specific sum to charity, 96 A.L.R.3d 954.