cy pres doctrine

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ThesaurusAntonymsRelated WordsSynonymsLegend: pres doctrine - 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 cy pres doctrine was born as a rule of construction employed by courts aiming to save testamentary charitable gifts that would otherwise fail by attempting to ascertain and give effect to the original intent of the testator.
using the cy pres doctrine to guide the distribution of unclaimed class
Just as the holder of a conservation easement conveyed as a restricted charitable gift should not be permitted to use the merger doctrine to circumvent the cy pres doctrine or the restriction on transfer, extinguishment, and division of proceeds provisions included in the easement deed to satisfy federal tax law requirements, (40) the holder in this example should not be permitted to use the merger doctrine to circumvent the termination requirements in the enabling statute.
Under the cy pres doctrine, the courts can approve a charitable donation out of unclaimed class action funds, or a direct grant in lieu of damages to an organization that could vindicate class member rights in the future.
60) In April 2007, the University filed a motion to amend its complaint and requested that the conditions of the charitable gifts be rewritten by way of the cy pres doctrine.
But there is a more mundane application of the cy pres doctrine that should get most streetsmart managers' attention.
As this issue of the Journal goes to press, legislation that will codify the cy pres doctrine in class action suits awaits governor Blagojevich's signature.
If the cy pres doctrine works, it could be applied to many similarly problematic city names.
The Restatement provides guidance and rationale as to what courts may or may not regard as legitimate charitable purposes and what are appropriate applications of the cy pres doctrine.
eliminate the racial restrictions by use of the cy pres doctrine.
It asserted that this status gave rise to certain claims or obligations that the state can assert against it under the cy pres doctrine, the constructive-trust doctrine or a similar doctrine for the public benefit.
1993) (discussing scope of cy pres doctrine and distribution of fund residue to 15 organizations).