LD 921
pg. 14
Page 13 of 58 PUBLIC Law Chapter 618 Page 15 of 58
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LR 466
Item 1

 
A trust may be created only to the extent its purposes are lawful,
not contrary to public policy and possible to achieve.__A trust and
its terms must be for the benefit of its beneficiaries.

 
§405. Charitable purposes; enforcement

 
1.__Purposes.__A charitable trust may be created for the
relief of poverty; the advancement of education or religion; the
promotion of health; governmental or municipal purposes; or other
purposes the achievement of which is beneficial to the community.

 
2.__Selection by court.__If the terms of a charitable trust do
not indicate a particular charitable purpose or beneficiary, the
court may select one or more charitable purposes or
beneficiaries.__The selection must be consistent with the
settlor's intention to the extent it can be ascertained.

 
3.__Enforcement.__The settlor of a charitable trust, among
others, may maintain a proceeding to enforce the trust.

 
§406. Creation of trust induced by fraud, duress or undue

 
influence

 
A trust is void to the extent its creation was induced by
fraud, duress or undue influence.

 
§407. Evidence of oral trust

 
Except as required by a statute other than this Code, a trust
need not be evidenced by a trust instrument, but the creation of
an oral trust and its terms may be established only by clear and
convincing evidence.

 
§408. Trust for care of animal

 
1.__To provide care for animal; termination.__A trust may be
created to provide for the care of an animal alive during the
settlor's lifetime.__The trust terminates upon the death of the
animal or, if the trust was created to provide for the care of
more than one animal alive during the settlor's lifetime, upon
the death of the last surviving animal.

 
2.__Enforcement.__A trust authorized by this section may be
enforced by a person appointed in the terms of the trust or, if
no person is so appointed, by a person appointed by the court.__A
person having an interest in the welfare of the animal may
request the court to appoint a person to enforce the trust or to
remove a person appointed.


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