Cy Pres Doctrine in United States
Practical Information
Note: Some of this information was last updated in 1982
(French for “as near as. “) An ancient doctrine applicable to the construction of instruments in equity (in U.S. law), whereby the intention of the party making the instrument is carried out as nearly as possible when it is impossible to carry out the precise intention. The doctrine, although ancient, is especially useful as a device to render charitable trusts useful. For example, if funds left to a charitable trust are insufficient to carry out the provisions of the testamentary trust, the fund does not necessarily revert to the estate, but may be used for a charitable purpose similar to that provided for in the trust. The doctrine is not accepted in all states.
What is Cy Pres Doctrine?
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