Hardage v. Hardage

1 Citing case

  1. Trammell v. Elliott

    199 S.E.2d 194 (Ga. 1973)   Cited 13 times
    In Trammell v. Elliott, 230 Ga. 841, 199 S.E.2d 194, 197 (1973) a testator set aside a scholarship "for benefit of deserving poor white boys and girls;" the funds were applied free of the restriction under the doctrine of cy pres.

    Code Ann. ยง 85-707. See Hardage v. Hardage, 211 Ga. 80 ( 84 S.E.2d 54) (1954). As a general rule, the doctrine of cy pres is applied in cases (1) where there is the presence of an otherwise valid charitable grant or trust; that is, one that has charity as its purpose and sufficiently offers benefits to an indefinite public; (2) where the specific intention of the settlor may not be legally or practicably carried into effect; and (3) where there is exhibited a general charitable intent on the part of the settlor.