Cy Pres (Noun)
Meaning
A rule that when literal compliance is impossible the intention of a donor or testator should be carried out as nearly as possible.
Classification
Nouns denoting cognitive processes and contents.
Examples
- The court applied the cy-pres doctrine to interpret the will, ensuring the deceased's charitable intentions were honored despite the impossibility of literal compliance.
- The charity's mission was to allocate funds in a manner consistent with the donor's wishes, using the cy-pres principle to guide their decisions.
- When the original purpose of the trust became impossible to fulfill, the trustee sought court approval to apply the cy-pres doctrine and redirect the funds to a similar cause.
- The testator's estate was distributed according to the cy-pres rule, allowing the executor to make adjustments while still respecting the deceased's overall intentions.
- In the absence of explicit instructions, the court relied on the cy-pres doctrine to infer the donor's likely intentions and allocate the bequest accordingly.