Legal Opinion
BD. OF TRUSTEES OF UNIV. OF NC v. Heirs of Prince
Supreme Court of North Carolina
Decided August 28, 1984No. 503A83PublishedCited by 8 opinions
1Opinion of the Court
COPELAND, Justice.
The sole issue before us is whether the charitable trust established by the will of Mrs. Prince may be modified pursuant to the cy pres doctrine. This principle of equity is a saving device applied to charitable trusts by the courts “to direct the application of the property to a charitable purpose as near as possible to the precise objective of the donor,” when his precise intention cannot be effectuated. E. Fisch, D. Freed, and E. Schachter, Charities and Charitable Foundations § 561 (1974).
The application of the cy pres doctrine in North Carolina is governed by N.C. Gen.…
2Cases cited17 opinions
- Davison v. Duke UniversitySupreme Court of North Carolina · 1973
- In Re the Will of NeherNew York Court of Appeals · 1939
- In Re Estate of ThompsonSupreme Judicial Court of Maine · 1980
- Wilson v. FIRST PRESBYTERIAN CHURCH, REIDSVILLE, NCSupreme Court of North Carolina · 1973
- First Nat. Bank of Chicago v. ElliottIllinois Supreme Court · 1950
12 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re the Appeal of Perry-Griffin FoundationCourt of Appeals of North Carolina · 1993
- Kolb v. City of Storm LakeSupreme Court of Iowa · 2007
- In Re the Estate of CrawshawSupreme Court of Kansas · 1991
- United States Ex Rel. United States Coast Guard v. CerioDistrict Court, E.D. Virginia · 1993
- Morris v. E.A. Morris Charitable FoundationCourt of Appeals of North Carolina · 2003
3 more not listed; retrieve them via the Exa API.