Definitions for cy pres doctrine
This page provides all possible meanings and translations of the word cy pres doctrine
cy pres, rule of cy pres, cy pres doctrine(noun)
a rule that when literal compliance is impossible the intention of a donor or testator should be carried out as nearly as possible
The cy-près doctrine is a legal doctrine that first arose in courts of equity. The legal French term literally means "so near/close" and can be translated as "as near as possible" or "as near as may be". The doctrine originated in the law of charitable trusts, but has been applied in the context of class action settlements in the United States. When the original objective of the settlor or the testator became impossible, impracticable, or illegal to perform, the cy-près doctrine allows the court to amend the terms of the charitable trust as closely as possible to the original intention of the testator or settlor to prevent the trust from failing. For example, in Jackson v. Phillips, the testator bequeathed to trustees money to be used to "create a public sentiment that will put an end to negro slavery in this country". After slavery was abolished by the Thirteenth Amendment, the funds were applied cy-près "to promote the education, support and interests of the freedmen, lately slaves, in those states in which slavery had been so abolished".
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"cy pres doctrine." Definitions.net. STANDS4 LLC, 2014. Web. 28 Jul 2014. <http://www.definitions.net/definition/cy pres doctrine>.