BD. OF TRUSTEES OF UNIV. OF N.C. v. HEIRS OF PRINCE

No. 503A83.

319 S.E.2d 239 (1984)

311 N.C. 644

The BOARD OF TRUSTEES OF the UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL v. The UNKNOWN AND UNASCERTAINED HEIRS, If Any, Of Lillian Hughes PRINCE, Decedent.

Supreme Court of North Carolina.

August 28, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. George W. Boylan, Raleigh, for plaintiffs-appellees.

O. Kenneth Bagwell, Jr., Chapel Hill, for defendant-appellant.


COPELAND, Justice.

The sole issue before us is whether the charitable trust established by the will of Mrs. Prince may be modified pursuant to the cy pres doctrine. This principle of equity is a saving device applied to charitable trusts by the courts "to direct the application of the property to a charitable purpose as near as possible to the precise objective of the donor," when his precise intention cannot be effectuated. E. Fisch, D. Freed, and E. Schachter...

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