ORS 130.210 UTC 413. Cy pres

Except as otherwise provided in subsection (2) of this section, if a particular charitable purpose of a trust becomes unlawful, impracticable, impossible to achieve or wasteful:

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.

If a provision in the terms of a charitable trust would result in distribution of the trust property to a noncharitable beneficiary, a court may not apply cy pres to modify or terminate the trust under subsection (1)(c) of this section if, when the provision takes effect:

The trust property is to revert to the settlor and the settlor is still living; or

Fewer than 50 years have elapsed since the date of the trust’s creation.