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 ?
Moreover, the committee is looking forward to its upcoming Supreme Court oral argument regarding proposed cy pres Rule 1.220, which would clarify the mechanism for distributions of residual and unclaimed funds in class action lawsuits as part of a joint project with the Pro Bono Legal Services Committee.
The parties negotiated a settlement agreement that would require Google to include certain disclosures on some of its webpages and would distribute more than $5 million to cy pres recipients, more than $2 million to class counsel, and no money to absent class members.
Class-Action Settlement; Cy Pres Distribution; Disgorgement of Attorneys' Fees
El mismo termino usado para describir esta doctrina (cy-pres) es alusivo de su forma de operar: en estos casos, el destino que se debe asignar a la atribucion patrimonial debe ser "tan cercano como sea posible" (cy pres comme possible, en frances normando medieval) al fin que originalmente buscaba quien realizo la disposicion patrimonial (Suarez, 2017, p.
In addition, Jackson, a former Councilman for the City of Providence, was ordered to pay a $1,000 fine, restitution of $12,074.06 for the misuse of his campaign finance funds, to be held in a restricted receipt account of the Board of Elections and to be used for education of candidates for public office on campaign finances laws, and restitution of $105,042.15 in embezzled funds meant to support the Cobras Track Club, which will be held in cy pres by the Court until an appropriate entity can be determined to manage said restitution for the purpose for which it was intended.
Gaos, et al., a case involving Google that challenges how cy pres awards are made.
The Florida Bar's Civil Procedure Rules Committee has submitted to the Florida Supreme Court an out-of-cycle report proposing to amend Florida Rule of Civil Procedure 1.220 (Class Actions) to create a permissive cy pres rule, which would allow courts to order that residual, undistributed, or unclaimed funds awarded in a class action be distributed to a nonprofit legal services organization, including the Florida Bar Foundation.
(67) See further R Higgins, 'The Equitable Doctrine of Cy Pres and Consumer Protection' (2002) at: <www.tpareview.treasury.gov.au/content/subs/105_Attachmentl_ACA.rtf>.
If not, the charity may ask a court to apply cy pres to a purpose that has become impossible (the cure has been found), (1) or maybe wasteful (the endowment increased in value dramatically, producing far more income than needed to run the specified program).
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.
Courts have attempted to remedy this issue by using cy pres, the practice of distributing unclaimed settlement funds to a "next best" plaintiff, often a charitable organization.