cy pres


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cy pres

 (sē′ prā′)
n.
The doctrine that permits the terms of a charitable trust to be modified to achieve a purpose close to the donor's original intent where the original purpose cannot be legally or practically achieved.

[Middle English, from Anglo-Norman : cy, so, as (from Latin sīc, so; see sic1) + pres, near (from Late Latin pressē, close to, from Latin pressus, past participle of premere, to press closely; see press1).]

cy pres

(siː ˈpreɪ) or

cypres

n
(Law) law the doctrine that the intention of a donor or testator should be carried out as closely as practicable when literal compliance is impossible
[C15: from Anglo-French, literally: as near (as possible, etc)]

cy pres

or cy•pres

(ˈsi ˈpreɪ)
Law. adv.
1. as near as possible.
n.
2. the doctrine, applied esp. to cases of charitable trusts or donations, that, in place of an impossible or illegal condition or object, allows the nearest practicable one to be substituted.
[1475–85; < Anglo-French: as near]
ThesaurusAntonymsRelated WordsSynonymsLegend:
Noun1.cy pres - a rule that when literal compliance is impossible the intention of a donor or testator should be carried out as nearly as possible
rule, regulation - a principle or condition that customarily governs behavior; "it was his rule to take a walk before breakfast"; "short haircuts were the regulation"
References in periodicals archive ?
The endowment was to be held in perpetuity with only the interest available for general funds, but with cy pres filings and the approval of the Attorney General's Charities Bureau of New York, the bequest has instead been significantly spent, while the hospital was taken over by SUNY Downstate Medical Center and eventually closed in 2014.
3) In that case, the Eighth Circuit fashioned the cy pres reward in a way that would avoid its two major pitfalls: poor selection of a next best plaintiff and lack of compensation for the actual victims.
45) Courts have traditionally allowed cy pres remedies in two sorts of
The commission recommends the Supreme Court of Florida authorize the commission to develop a specific proposal for a cy pres rule in Florida.
15) The single most important source has been courts, via cy pres grants of undistributed settlement funds in antitrust class actions.
The Charitable Trust Unit is, by law, a party to all cy pres actions.
Feldman also coordinated the donation of a $2 million cy pres award in 2013 to CLS, along with an additional $2 million to the Pennsylvania Interest on Lawyer Trust Accounts (IOLTA) Board, which was created by the Supreme Court of Pennsylvania to fund legal services agencies throughout the Commonwealth.
Superior provincial courts have inherent jurisdiction over charities, and deal with such things as cy pres applications (In certain circumstances if a charitable purpose becomes impossible to fulfill, the cy-pres doctrine allows a court to alter the purpose to one as close as possible to the original intention.
The book also contains new chapters by new authors, on topics such as the role of economists and expert witnesses, cy pres remedies, and proposals for reform.
The settlement provides no assurance that the charities to whom the money and food will be distributed will bear any nexus to the plaintiff class or to their false advertising claims and therefore violates our well-established standards governing cy pres awards," the court wrote.
11) A court that agrees with the cy pres claim and releases the conservation easement holder from the fiduciary obligations originally associated with the restricted gift or charitable trust will require the application of the value thus freed up to an appropriately similar objective.