In Part I, the author illustrates how the United States jurisdictions differ from England in the requirement for charitable intent. Earlier cases reveal the United States, unlike England, has resisted relaxation of the requirement. In Part II, the author uses the Restatement of Trusts to demonstrate further how jurisdictions had developed differently at the mid-twentieth century point. In Part III, the author reports on the significant reforms in England and the corresponding, though halting, movement toward reform in the United States jurisdictions. In Part IV, the author describes the specific reform proposals in the United States proliferating since 1943. Finally, the author concludes that relaxation of cy pres doctrinal requirements is realized best by modest legislation and effective drafting.
Frances Howell Rudko, The Cy Pres Doctrine in the United States: From Extreme Reluctance to Affirmative Action, 46 Clev. St. L. Rev. 471 (1998).