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  • PART III COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES
  • TITLE I COURTS AND JUDICIAL OFFICERS
  • CHAPTER 214 EQUITY JURISDICTION
  • Section 10B Proceedings for application of cy pres doctrine to failure of charitable gifts; deviation; notice; parties

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.