Hon. Eugene E. Peckham on New York Cy Pres Proceedings (PDF)
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Cy pres power is an exercise of judicial discretion to accomplish a charitable purpose as near as possible to creator's original charitable intent. Recently there has been a trend to allow charities to circumvent restrictions to allow the gift or trust to be used to bail the charity out of its financial problems. Courts should exercise great care to ensure that removal of restrictions will permit the charity to continue its operations.
Eugene E. Peckham is a Partner at Levene Gouldin & Thompson, LLP, Binghamton, New York, and former Surrogate of Broome County. He is a member of EPTL-SCPA Legislative Advisory Committee and is on the Board of Editors, Warren's Heaton on Surrogate Court's Court Practice.
Karen J. McMullen is an Associate at Levene Gouldin & Thompson, LLP, Binghamton, New York and practices, inter alia, Elder Law, Guardianship, Disability and Special Needs Planning, Health Law, and Wills, Trusts, Estate Planning and Administration.
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