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Case Citations [1] (Spring 2025)

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                           THE AMERICAN


                             LAW INSTITUTE



                                   Spring 2025 Citations



   CHARITABLE NONPROFIT ORGANIZATIONS



              CHAPTER 3.   CHANGES TO PURPOSES AND ORGANIZATION

§ 3.02. The Doctrine of Cy Pres

N.H.2023. Com. (c) quot. in sup. College, which had received a charitable gift from decedent for the
sole purpose of upgrading and maintaining its golf course, filed an application under the Uniform
Prudent Management of Institutional Funds Act (UPMIFA) to modify the restrictions governing the
fund created by the gift, after college decided to permanently close the golf course. The trial court
denied motions to intervene filed by decedent's estate and by a former contingent beneficiary of the gift,
finding that the putative intervenors lacked standing, and granted college's application. This court
affirmed. The court pointed out that it was undisputed that the gift did not expressly provide a reverter
back to decedent's estate or successor and explained that, under Restatement of the Law of Charitable
Nonprofit Organizations § 3.02, absent contrary evidence, such as a gift over or a reversion, courts
generally presumed that charitable gifts evinced a general charitable intent sufficient for the application
of cy pres. In re Robert T. Keeler Maintenance Fund for Hanover Country Club at Dartmouth College,
306 A.3d 795, 801.

















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