Section 498:5-b – Title in Persons Unknown and Persons Not Located.
498:5-b Title in Persons Unknown and Persons Not Located. – In any action brought under the provisions of RSA 498:5-a, if the plaintiff therein alleges that there are or that he believes there are or that there may be persons who have or may have some estate or interest in such real or personal […]
Section 498:3 – Repealed by 1971, 292:2, eff. Aug. 22, 1971.
498:3 Repealed by 1971, 292:2, eff. Aug. 22, 1971. –
Section 498:4 – Deviation From Terms of Trust.
498:4 Deviation From Terms of Trust. – In all cases where by reason of a change of circumstances which has occurred, shall occur, or is reasonably foreseeable, subsequent to the creation, heretofore or hereafter, of a trust by any deed, will or other instrument, compliance by the trustee or trustees with the terms of […]
Section 498:4-a – Cy Pres Doctrine.
498:4-a Cy Pres Doctrine. – I. The superior court shall exercise jurisdiction pursuant to RSA 498:4-a through RSA 498:4-e only where the claims or defenses raised are related to a matter otherwise pending before or within the jurisdiction of the superior court. In all other cases involving the doctrine of cy pres, jurisdiction shall […]
Section 498:4-b – Federal Taxation.
498:4-b Federal Taxation. – Whenever it shall be made to appear to the court that the intention of the testator or settlor of a charitable trust will be frustrated in whole or in part by reason of a tax imposed under the United States Internal Revenue Code on the income or principal of the […]
Section 498:4-c – Inapplicability of Cy Pres.
498:4-c Inapplicability of Cy Pres. – Whenever it shall appear to the court that any proposed cy pres application would not be proper because it is in violation of New Hampshire law, the court shall enter a decree denying said proposed cy pres application and stating the reason therefor. Source. 1971, 516:1, eff. Sept. […]
Section 498:4-d – Definitions.
498:4-d Definitions. – For the purposes of this section and for the purposes of any petition for deviation under RSA 498:4 or under common law equity powers the following words shall have the meanings ascribed hereinbelow unless the context indicates otherwise: I. "Charitable trust" shall mean any fiduciary relationship with respect to property arising […]
Section 498:4-e – Termination of Charitable Trusts.
498:4-e Termination of Charitable Trusts. – If the superior court, upon application by the trustee or trustees, finds that the continuance of a charitable trust is impracticable or unfeasible, and that the charitable purpose of the settlor or testator can be accomplished by a transfer of the trust assets to another charitable trust or […]
Section 498:5 – Repealed by 1971, 292:2, eff. Aug. 22, 1971.
498:5 Repealed by 1971, 292:2, eff. Aug. 22, 1971. –
Section 498:1 – Jurisdiction.
498:1 Jurisdiction. – The superior court shall have the powers of a court of equity in the following cases: charitable uses; trusts other than those trusts described in RSA 564-A:1, over which the probate court has exclusive jurisdiction as provided in RSA 547:3, I(c) and (d); fraud, accident and mistake; the affairs of partners, […]