Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 4. WILLS · Article 6. CONSTRUCTION OF WILL; TESTAMENTARY GIFTS

53-4-62. Testamentary gift to charity.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

If a testamentary gift to a charity cannot be executed in the exact manner provided by the testator, the superior court may exercise equitable powers in such a way as will as nearly as possible effectuate the intention of the testator.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 53-4-62, enacted by Ga. L. 1996, p. 504, § 10.

Law reviews

For article discussing the validity of charitable gifts in Georgia, see 1 Ga. B.J. 16 (1939). For article, ‘‘The Rule Against Perpetuities as Applied to Georgia Wills and Trusts,’’ see 16 Ga. L. Rev. 235 (1982). For article, ‘‘Private Trusts for the Provision of Private Goods,’’ see 37 Emory L.J. 295 (1988). For note on discriminatory charitable trusts in Georgia, with regard to application of the cy pres doctrine, in light of Evans v. Newton, 382 U.S. 296, 86 S. Ct. 486, 15 L. Ed. 2d 373 (1966), see 6 Ga. St. B.J. 428 (1970). For comment on Evans v. Abney, 396 U.S. 435, 90 S. Ct. 628, 24 L. Ed. 2d 634 (1970), see 22 Mercer L. Rev. 493 (1971). For comment on Creech v. Scottish Rite Hosp. for Crippled Children, 211 Ga. 195, 84 S.E.2d 563 (1954), see 17 Ga. B.J. 512 (1955). For comment on Trammell v. Elliott, 230 Ga. 841, 199 S.E.2d 194 (1973), see 10 Ga. St. B.J. 502 (1974).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t52-t53-(v40)-2021-pdf.pdf, Volume V40, 2021 edition, page 439; merge action: carried; file SHA-256 062775612dfc.