South Dakota Codified Laws
Chapter 09 - Charitable Trusts
Section 55-9-13 - Judicial determination that restrictive provisions are contrary to instrument creating trust.

55-9-13. Judicial determination that restrictive provisions are contrary to instrument creating trust.
Sections 55-9-7 to 55-9-12, inclusive, shall not apply to the extent that a court of competent jurisdiction shall determine that such application would be contrary to the terms of the will, trust instrument, or other governing instrument described in §55-9-7 and that such will, trust instrument or other governing instrument may not be changed to conform to §§55-9-8 to 55-9-12, inclusive.

Source: SL 1972, ch 259, §3.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 55 - Fiduciaries and Trusts

Chapter 09 - Charitable Trusts

Section 55-9-1 - Express trusts--Creation for charitable, educational, religious, or other public use.

Section 55-9-2 - Validity of trust not affected by uncertainty or violation of rule against perpetuities--Disposal of property by trustee.

Section 55-9-3 - Action to enforce charitable trust--Liberal construction to carry out intent--Notice of action to attorney general.

Section 55-9-4 - Incomplete or imperfect trust--Purposes impracticable or impossible of performance--Administration to accomplish general purpose--Order of court with consent of donor, if alive and competent.

Section 55-9-5 - Enforcement by attorney general as representative of beneficiaries--Exception.

Section 55-9-6 - Restrictions to avoid taxability of income--Definition of terms.