Tuvim v. United Jewish Communities, Inc.

I agree with Division 1 of the majority opinion. However, I do not agree with the reasoning of Division 2, and respectfully dissent to the reversal of the trial court’s judgment.

The doctrine of cy pres is codified at OCGA § 53-12-113, which provides that “(i)f a valid charitable bequest, trust, or gift cannot be executed in the exact manner provided by the testator, settlor, or donor, the superior court will exercise equitable powers in such a way as will as nearly as possible effectuate the intention of the testator, settlor, or donor.”

Baker v. Merrill Lynch Trust Co., 286 Ga. App. 767, 770…