(a) Subject to thissection, a trust for the care of one or more designated domestic or pet animalsalive at the time of creation of the trust is valid.
(b) Except as expresslyprovided otherwise in the trust instrument, no portion of the principal orincome may be converted to the use of the trustee or to any use other than forthe benefit of the designated animal or animals.
(c) The trustterminates at the death of the animal or last surviving animal. Upon termination,the trustee shall transfer the unexpended trust property in the followingorder:
(1) As directed in thetrust instrument.
(2) If the trust wascreated in a preresiduary clause in the settlor's will or in a codicil to thesettlor's will, under the residuary clause in the settlor's will.
(3) If no taker isproduced by the application of subdivision (1) or (2) of this subsection, tothe settlor, if then living, otherwise to the settlor's heirs determined as ofthe date of the settlor's death under Chapter 29 of the General Statutes.
(d) The intended use ofthe principal or income can be enforced by a person designated for that purposein the trust instrument or, if none, by a person appointed by the clerk ofsuperior court having jurisdiction over the trust upon application to the clerkof superior court by a person.
(e) Except as orderedby the clerk of superior court or required by the trust instrument, no filing,report, registration, periodic accounting, separate maintenance of funds,appointment, bond, or fee is required by reason of the existence of thefiduciary relationship of the trustee.
(f) A governinginstrument shall be liberally construed to bring the transfer within thissection, to presume against the merely precatory or honorary nature of thedisposition, and to carry out the general intent of the settlor. Extrinsicevidence is admissible in determining the settlor's intent.
(g) The clerk ofsuperior court may reduce the amount of the property transferred, if the clerkof superior court determines that the amount substantially exceeds the amountrequired for the intended use. The amount of the reduction, if any, passes asunexpended trust property under subsection (c) of this section.
(h) If no trustee isdesignated or if no designated trustee agrees to serve or is able to serve, theclerk of superior court must name a trustee. The clerk of superior court mayorder the transfer of the property to another trustee, if required to assurethat the intended use is carried out and if no successor trustee is designatedin the trust instrument or if no designated successor trustee agrees to serveor is able to serve. The clerk of superior court may also make other orders anddeterminations as are advisable to carry out the intent of the settlor and thepurpose of this section. (1995, c. 225, s. 1; 2005‑192, s. 2; 2006‑259,s. 13(b).)
(a) Subject to thissection, a trust for the care of one or more designated domestic or pet animalsalive at the time of creation of the trust is valid.
(b) Except as expresslyprovided otherwise in the trust instrument, no portion of the principal orincome may be converted to the use of the trustee or to any use other than forthe benefit of the designated animal or animals.
(c) The trustterminates at the death of the animal or last surviving animal. Upon termination,the trustee shall transfer the unexpended trust property in the followingorder:
(1) As directed in thetrust instrument.
(2) If the trust wascreated in a preresiduary clause in the settlor's will or in a codicil to thesettlor's will, under the residuary clause in the settlor's will.
(3) If no taker isproduced by the application of subdivision (1) or (2) of this subsection, tothe settlor, if then living, otherwise to the settlor's heirs determined as ofthe date of the settlor's death under Chapter 29 of the General Statutes.
(d) The intended use ofthe principal or income can be enforced by a person designated for that purposein the trust instrument or, if none, by a person appointed by the clerk ofsuperior court having jurisdiction over the trust upon application to the clerkof superior court by a person.
(e) Except as orderedby the clerk of superior court or required by the trust instrument, no filing,report, registration, periodic accounting, separate maintenance of funds,appointment, bond, or fee is required by reason of the existence of thefiduciary relationship of the trustee.
(f) A governinginstrument shall be liberally construed to bring the transfer within thissection, to presume against the merely precatory or honorary nature of thedisposition, and to carry out the general intent of the settlor. Extrinsicevidence is admissible in determining the settlor's intent.
(g) The clerk ofsuperior court may reduce the amount of the property transferred, if the clerkof superior court determines that the amount substantially exceeds the amountrequired for the intended use. The amount of the reduction, if any, passes asunexpended trust property under subsection (c) of this section.
(h) If no trustee isdesignated or if no designated trustee agrees to serve or is able to serve, theclerk of superior court must name a trustee. The clerk of superior court mayorder the transfer of the property to another trustee, if required to assurethat the intended use is carried out and if no successor trustee is designatedin the trust instrument or if no designated successor trustee agrees to serveor is able to serve. The clerk of superior court may also make other orders anddeterminations as are advisable to carry out the intent of the settlor and thepurpose of this section. (1995, c. 225, s. 1; 2005‑192, s. 2; 2006‑259,s. 13(b).)
(a) Subject to thissection, a trust for the care of one or more designated domestic or pet animalsalive at the time of creation of the trust is valid.
(b) Except as expresslyprovided otherwise in the trust instrument, no portion of the principal orincome may be converted to the use of the trustee or to any use other than forthe benefit of the designated animal or animals.
(c) The trustterminates at the death of the animal or last surviving animal. Upon termination,the trustee shall transfer the unexpended trust property in the followingorder:
(1) As directed in thetrust instrument.
(2) If the trust wascreated in a preresiduary clause in the settlor's will or in a codicil to thesettlor's will, under the residuary clause in the settlor's will.
(3) If no taker isproduced by the application of subdivision (1) or (2) of this subsection, tothe settlor, if then living, otherwise to the settlor's heirs determined as ofthe date of the settlor's death under Chapter 29 of the General Statutes.
(d) The intended use ofthe principal or income can be enforced by a person designated for that purposein the trust instrument or, if none, by a person appointed by the clerk ofsuperior court having jurisdiction over the trust upon application to the clerkof superior court by a person.
(e) Except as orderedby the clerk of superior court or required by the trust instrument, no filing,report, registration, periodic accounting, separate maintenance of funds,appointment, bond, or fee is required by reason of the existence of thefiduciary relationship of the trustee.
(f) A governinginstrument shall be liberally construed to bring the transfer within thissection, to presume against the merely precatory or honorary nature of thedisposition, and to carry out the general intent of the settlor. Extrinsicevidence is admissible in determining the settlor's intent.
(g) The clerk ofsuperior court may reduce the amount of the property transferred, if the clerkof superior court determines that the amount substantially exceeds the amountrequired for the intended use. The amount of the reduction, if any, passes asunexpended trust property under subsection (c) of this section.
(h) If no trustee isdesignated or if no designated trustee agrees to serve or is able to serve, theclerk of superior court must name a trustee. The clerk of superior court mayorder the transfer of the property to another trustee, if required to assurethat the intended use is carried out and if no successor trustee is designatedin the trust instrument or if no designated successor trustee agrees to serveor is able to serve. The clerk of superior court may also make other orders anddeterminations as are advisable to carry out the intent of the settlor and thepurpose of this section. (1995, c. 225, s. 1; 2005‑192, s. 2; 2006‑259,s. 13(b).)
