75B-2-413. Cy pres.
(1) Except as otherwise provided in Subsection, if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful: (2) the trust does not fail, in whole or in part; the trust property does not revert to the settlor or the settlor's successors in interest; and the court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes.
(2) A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under Subsectionto apply cy pres to modify or terminate the trust only if, when the provision takes effect: (1) the trust property is to revert to the settlor and the settlor is still living; or fewer than 21 years have elapsed since the date of the trust's creation.