Cy Pres in United States

Cy Pres Definition

(Law Fr. as near as). The rule of construction applied to a will, but not to a deed, by which, where the testator evinces a particular and a general intention, and the particular intention cannot take effect, the words shall be so construed as to give effect to the general intention. 3 Hare, 12 ; 2 Term R. 254; 2 Bligh, 49; Sugd. Powers, 60; 1 Spence, Eq. Jur. 532. The principle is applied to sustain wills in which perpetuities are attempted to be created, so that, if it can possible be done, the devise is not regarded as utterly void, but is expounded in such a manner as to carry the testator’s intention into effect as far as the law respecting perpetuities will allow. This is called a construction cy pres. Its rules are vague, and depend chiefly upon judicial discretion applied to the particular case. Sedgw. Const. Law, 265; Story, Eq. Jur. § 1169 et seq. It is also applied to sustain devises and bequests for charity. Where there is a definite charitable purpose which cannot take place, the courts will not substitute another, as they once did; but if charity be the general substantial intention, though the mode provided for its execution fails, the English chancery will find some means of etfectuating it, even by applying the fund to a different purpose from that contemplated by the testator, provided only it be charitable. Boyle, Char. 147, 155; Shelf. Mortm. 601; 3 Brown, Ch. 379; 4 Ves. 14; 7 Ves. 69, 82. The doctrine is denied in Alabama (19 Ala. 814), Connecticut (22 Conn. 31), Delaware (2 Har. 18), Indiana (35 Ind. 198), Iowa (2 Iowa, 315), Maryland (5 Har. & J. 392), New York (23 N. Y. 298), North Carolina (37 N. C. 255), and Wisconsin (40 Wis. 276, 75 Wis. 431) ; but is in force in California (58 CaL 457), Illinois (16 111. 225), Massachusetts (96 Mass. 539), Missouri (94 Mo. 459), Pennsylvania (51 Pa. St. 196), and Rhode Island (14 R. I. 412).

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Legal Issue for Attorneys

(Law Fr. as near as). The rule of construction applied to a will, but not to a deed, by which, where the testator evinces a particular and a general intention, and the particular intention cannot take effect, the words shall be so construed as to give effect to the general intention. 3 Hare, 12 ; 2 Term R. 254; 2 Bligh, 49; Sugd. Powers, 60; 1 Spence, Eq. Jur. 532. The principle is applied to sustain wills in which perpetuities are attempted to be created, so that, if it can possible be done, the devise is not regarded as utterly void, but is expounded in such a manner as to carry the testator’s intention into effect as far as the law respecting perpetuities will allow. This is called a construction cy pres. Its rules are vague, and depend chiefly upon judicial discretion applied to the particular case. Sedgw. Const. Law, 265; Story, Eq. Jur. § 1169 et seq. It is also applied to sustain devises and bequests for charity. Where there is a definite charitable purpose which cannot take place, the courts will not substitute another, as they once did; but if charity be the general substantial intention, though the mode provided for its execution fails, the English chancery will find some means of etfectuating it, even by applying the fund to a different purpose from that contemplated by the testator, provided only it be charitable. Boyle, Char. 147, 155; Shelf. Mortm. 601; 3 Brown, Ch. 379; 4 Ves. 14; 7 Ves. 69, 82. The doctrine is denied in Alabama (19 Ala. 814), Connecticut (22 Conn. 31), Delaware (2 Har. 18), Indiana (35 Ind. 198), Iowa (2 Iowa, 315), Maryland (5 Har. & J. 392), New York (23 N. Y. 298), North Carolina (37 N. C. 255), and Wisconsin (40 Wis. 276, 75 Wis. 431) ; but is in force in California (58 CaL 457), Illinois (16 111. 225), Massachusetts (96 Mass. 539), Missouri (94 Mo. 459), Pennsylvania (51 Pa. St. 196), and Rhode Island (14 R. I. 412).

This definition of Cy Pres is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.