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Case Citations [1] (July 2019 - April 2020)

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   CHARITABLE NONPROFIT ORGANIZATIONS


                                      (DRAFTS)



                      CHAPTER 6. STANDING OF PRIVATE PARTIES

§ 6.05. Definition of a Private Party with a Special Interest for the Purposes of Standing

N.H.2019. Cit. in disc. (citing § 6.05 of T.D. No. 2, 2017). Possible beneficiary of charitable trust
brought an action against trustees, alleging that defendants violated the terms of the trust by using trust
assets for purposes outside the trust's charitable purpose, and seeking review of the trust's annual
accounting. The trial court entered an order finding that plaintiff lacked standing to bring suit. This court
affirmed, holding that the trial court did not commit clear error in finding that plaintiff did not have a
special interest in enforcing the terms of the charitable trust. The court observed that the trial court
declined to apply the five-factor test set forth in Restatement of Charitable Nonprofit Organizations §
6.05 in determining whether plaintiff had a special interest in the trust, because the more flexible
standard found in New Hampshire caselaw better suited the pursuit of a just outcome in this case. In re
Trust of Mary Baker Eddy, 212 A.3d 414, 421.


COPYRIGHT 02020 By THE AMERICAN LAW INSTITUTE
              All rights reserved
        Printed in the United States of America


For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.


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