30-2342.01 Gift for benevolent purpose; validity; court; powers; notice to Attorney General. - Nebraska Statutes

30-2342.01. Gift for benevolent purpose; validity;court; powers; notice to Attorney General.(a) Except as otherwise provided in subsection (d) of thissection, no gift, devise, or endowment for religious, educational, charitable,or benevolent purposes, which in other respects is valid under the laws ofthis state, shall be invalid or fail by reason of the indefiniteness or uncertaintyof the recipient of the gift, devise, or endowment or by reason that it isor has become unlawful, impracticable, impossible to achieve, or wasteful.(b) The court, on applicationof any interested person or the Attorney General may determine and order anadministration or distribution of the gift, devise, or endowment in a manneras consistent as possible with the intent expressed in the document creatingthe gift, devise, or endowment. This section shall not be deemed to limitapplication of the common law doctrines of cy pres and deviation or of section 58-615.(c)In an application for relief under this section which is not brought by theAttorney General, notice of the proceeding shall be given to the AttorneyGeneral as a representative for the charitable interests involved.(d) Subsection (a) ofthis section shall not apply if the document creating the gift, devise, orendowment expressly provides for an alternate disposition of the gift, devise,or endowment in the event the gift, devise, or endowment has become unlawful,impracticable, impossible to achieve, or wasteful. A general residuary deviseby will shall not be considered an express provision for an alternate disposition.(e) Any gift, devise,or endowment to a trust with charitable purposes as described in section 30-3831shall be governed by section 30-3839. SourceLaws 2010, LB758, § 2.Effective Date: July 15, 2010