Sec. 45a-514. (Formerly Sec. 45-79). Charitable trusts.
Sec. 45a-514. (Formerly Sec. 45-79). Charitable trusts. Any charitable trust or
use created in writing or by deed by any resident of the state, or any public and charitable
trust or use for aiding and assisting any person or persons to be selected by the trustees
of such trust or use to acquire education, shall forever remain to the uses and purposes
to which it has been granted according to the true intent and meaning of the grantor and
to no other use.
(1949 Rev., S. 6882.)
History: Sec. 45-79 transferred to Sec. 45a-514 in 1991.
See Sec. 47-2 re charitable uses of estates.
Annotations to former section 45-79:
A trust to promote the distribution of books or pamphlets may, in the absence of any profit element, qualify as a valid
charity. Gifts devoted to illegal objectives are void. 143 C. 247. Upon failure of trust, a resulting trust arises in favor of
grantor-testator's estate. 150 C. 570. A charitable trust is to be construed, as far as reasonably possible, so as to uphold the
trust. 157 C. 265. Lands and property owned by charitable organization devoted to a charitable public use may not be used
for commercial purposes unless reasonably necessary to continue the charitable purpose of such organization. 168 C. 447.
Cited. 172 C. 496. Cited. 179 C. 62. Cited. 209 C. 429.
The modified doctrine of cy pres, or of approximation, exists only when the specific method adopted by the testator
for carrying his general intent into effect can no longer be executed, but court held that the fact that at any particular time
there are only a few, or even no, persons qualified to receive the benefit intended by a charitable bequest is not necessarily
a reason for holding that such bequest has failed. 21 CS 217. Applicability of cy pres doctrine or doctrine of approximation
depends on proof of general dominant charitable intent to which particular expressed intent is secondary. 27 CS 176.
Neither doctrine of cy pres nor that of deviation will be applied when testator's express directions can be carried out. Id., 483.
Annotation to present section:
Cited. 225 C. 32.