cy pres
Noun: A legal doctrine or rule applied by courts when the literal terms of a will, trust, or charitable gift cannot be fulfilled exactly. It allows the court to modify the terms to carry out the donor's or testator's general charitable intention as closely as possible to the original purpose.
The term is used primarily in legal contexts concerning wills, trusts, and charitable donations. It is invoked when an original charitable purpose becomes impossible, impracticable, or illegal to perform. The court examines the donor's primary intent and directs the funds or property to a similar charitable purpose.
- The ancient trust was established to maintain a ferry, but the bridge made it obsolete; the court applied cy pres to redirect the funds to maintain the public roadway instead.
- Because the specified hospital had closed, the judge used the cy pres doctrine to allocate the bequest to a new medical clinic serving the same community.
- The charity's lawyers argued for a cy pres settlement to use the unclaimed funds for a related educational purpose.
- The phrase is often used in its full form, cy pres doctrine.
- It is a standard tool in class action lawsuit settlements, where unclaimed or residual funds are distributed to related nonprofit organizations or causes that indirectly benefit the class members.
- The application of cy pres requires a finding that the donor had a general, rather than specific, charitable intent.
- Cy pres doctrine: The full term for the legal principle.
- Doctrine of approximation: A synonymous term sometimes used, emphasizing the "as near as possible" function.
- Doctrine of approximation
- Equitable approximation
The term originates from the Anglo-Norman French phrase cy pres comme possible, meaning "as near as possible." Its core function is equitable, aiming to prevent the failure of a charitable gift and to honor the donor's overarching intention when circumstances change. It is distinct from simply voiding a bequest.
-
a rule that when literal compliance is impossible the intention of a donor or testator should be carried out as nearly as possible
Khám phá thêm
Các từ liên quan
Từ đồng nghĩa
