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Utah Code 75-7-413. Cy pres

Utah Code > Title 75 > Chapter 7 > § 75-7-413 - Cy pres

^{Current as of: 2010}

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     (1) Except as otherwise provided in Subsection (2), if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful:
     (a) the trust does not fail, in whole or in part;
     (b) the trust property does not revert to the settlor or the settlor's successors in interest; and
     (c) the court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes.
     (2) A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under Subsection (1) to apply cy pres to modify or terminate the trust only if, when the provision takes effect:
     (a) the trust property is to revert to the settlor and the settlor is still living; or
     (b) fewer than 21 years have elapsed since the date of the trust's creation.


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Tennessee Code > Title 65 > Chapter 3 > Part 1 > § 65-3-117. Depositions

^{Current as of: 2010}

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The department of transportation shall, in all cases, have a right in its discretion to issue proper process and take depositions instead of compelling personal attendance of witnesses.

[Acts 1897, ch. 10, § 10; Shan., § 3059a34; Code 1932, § 5410; T.C.A. (orig. ed.), § 65-319; Acts 1995, ch. 305, § 10.]


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