(a) Where property has been transferred in trust for any religious,
charitable, educational or benevolent purpose, or acquired by the
trustee of a trust for such purpose, the trustee is authorized in his
discretion, notwithstanding the absence of any direction therefor in the
disposition creating the trust, to accumulate the income therefrom to
the extent necessary to carry out the purposes of the trust. The
authority herein granted is subject:
(1) To any express or implied prohibition by the terms of the
disposition creating the trust, by any statute in force at the time of
the accumulation or by the charter of a corporate trustee or other
document or regulation controlling the trustee in the administration of
the trust.
(2) To the supervision of the supreme court or the surrogate's court,
as provided in 8-1.1, and to any contrary direction by order of the
court in an action or proceeding thereunder.
(b) This section shall not restrict in any manner the appropriation
for expenditure or accumulation of endowment funds as set forth in
section 553 of the not-for-profit corporation law.
Structure New York Laws
EPT - Estates, Powers and Trusts
Part 1 - Rules Governing Charitable Trusts
8-1.1 - Disposition of Property for Charitable Purposes
8-1.2 - Certain Charitable Trusts Authorized
8-1.3 - Certain Charitable Trusts Regulated
8-1.4 - Supervision of Trustees for Charitable Purposes
8-1.5 - Trusts for Cemetery Purposes
8-1.6 - Deposit of Money in Trust by Owner of Lots in Private Unincorporated Cemetery