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Definitions for cy-près doctrine
cy-près doc·trine

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Wikipedia

  1. cy-près doctrine

    The cy-près doctrine ( SEE-PRAY; Law French, lit. 'so close', modern French: si près or aussi près) is a legal doctrine which allows a court to amend a legal document to enforce it "as near as possible" to the original intent of the instrument, in situations where it becomes impossible, impracticable, or illegal to enforce it under its original terms. The doctrine first arose in the English courts of equity, originating in the law of charitable trusts, but it has since been applied in the context of class action settlements in the United States.An example of the doctrine's application is found in the Massachusetts Supreme Judicial Court case Jackson v. Phillips, where the testator, Francis Jackson, created a trust to be used to "create a public sentiment that will put an end to negro slavery in this country". Four years after Jackson's death, slavery was abolished by the Thirteenth Amendment, nullifying the express purpose of the trust. Some of Jackson's family members attempted to dissolve the trust in order to collect its proceeds, but the court disagreed, invoking cy-près and finding that Jackson's intent would be best served by using the trust "to promote the education, support and interests of the freedmen, lately slaves, in those states in which slavery had been so abolished".

Wikidata

  1. Cy-près doctrine

    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 to the United States Constitution, the funds were applied cy-près to the "use of necessitous persons of African descent in the city of Boston and its vicinity."

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Numerology

  1. Chaldean Numerology

    The numerical value of cy-près doctrine in Chaldean Numerology is: 3

  2. Pythagorean Numerology

    The numerical value of cy-près doctrine in Pythagorean Numerology is: 7

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"cy-près doctrine." Definitions.net. STANDS4 LLC, 2024. Web. 26 Apr. 2024. <https://www.definitions.net/definition/cy-pr%C3%A8s+doctrine>.

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