§ 4-23-1 - Trust for care of animals.
SECTION 4-23-1
§ 4-23-1 Trust for care of animals. –(a) A trust may be created to provide for the care of an animal alive duringthe settlor's lifetime. The trust terminates upon the death of the animal, orif the trust was created to provided for the care of more than one animal aliveduring the settlor's lifetime upon the death of the last surviving animal.
(b) Except as provided in this section, the provisions of thegeneral laws which govern the creation and administration of express trustsapplies to the trust for the care of an animal.
(c) A trust authorized by this section may be enforced by aperson appointed in the terms of the trust or, if no person is so appointed, bya person appointed by the court. A person having interest in the welfare of theanimal may request the court to appoint a person to enforce the trust or toremove the appointed person. The appointed person shall have the rights of atrust beneficiary for the purpose of enforcing the trust, including receivingaccountings, notices, and other information from the trustee and providingconsents.
(d) Property of a trust appointed by this person may beapplied only to its intended use, except to the extent the court determinesthat the value of the trust property exceeds the amount required for theintended use. Property not required for the intended use, including the trustproperty remaining upon its termination, shall be distributed in the followingorder of priority:
(1) As directed by the terms of the trust;
(2) To the settlor, if then living;
(3) Pursuant to the residuary clause of the settlor's will;
(4) To the settlor's heirs in accordance with the RhodeIsland general laws on descent and distribution.
(e) A governing instrument shall be liberally construed inorder to presume against the merely precatory or honorary nature of thedisposition and to carry out the general intent of the transferor. Extrinsicevidence is admissible in determining the transferor's intent.
(f) If a trustee is not designated or designated trustee isnot willing or able to serve, the probate court shall name a trustee; a courtmay order the transfer of the property to another trustee, if the court makes afactual finding that it is necessary to assure the intended use is carried outand if a successor trustee is not designated in the trust instrument or if adesignated trustee does not agree to serve or is unable to serve.