How Do You Spell CY PRES DOCTRINE?

Pronunciation: [sˈa͡ɪ pɹˈiːz dˈɒktɹɪn] (IPA)

The Cy Pres Doctrine is a legal principle that dates back to medieval times. Its name comes from the French expression "cy pres comme possible," which means "as close as possible." The word "Cy Pres" is pronounced /sɪ ˈpreɪ/ and spelled with a 'c' instead of an 's' because it comes from the Old French word "cist," meaning "this." The doctrine allows courts to interpret a charitable gift in a way that fulfills the donor's general intent when it cannot be carried out specifically.

CY PRES DOCTRINE Meaning and Definition

1. Cy pres doctrine refers to a legal principle that allows a court to interpret a charitable trust or will in a flexible manner in cases where the original purpose or intent of the trust or will cannot be fully achieved or has become impractical or impossible to carry out. The term "cy pres" is derived from the French phrase "cy pres comme possible," meaning "as close as possible."

   Under the cy pres doctrine, when a charitable purpose cannot be fulfilled, the court has the authority to redirect the funds or assets to a purpose or organization that is as close as possible to the original intent, in order to serve the general charitable intent of the donor. This allows the court to avoid a failure of the charitable trust or will and ensure that the assets are used for a charitable purpose, rather than being rendered ineffective or reverting to the donor's estate.

   The application of the cy pres doctrine typically involves a careful analysis by the court to determine the closest possible alternative purpose that aligns with the original intent. The court considers factors such as the donor's expressed intent, the nature of the original charitable purpose, and the available options for fulfilling the purpose. The doctrine is often utilized in cases where the original charitable purpose has become outdated, impractical, or impossible to achieve due to changing circumstances.

   Overall, the cy pres doctrine allows the court to adapt the terms of a charitable trust or will to ensure that the donor's general charitable intent is carried out, despite changes in circumstances or unforeseen obstacles.

Common Misspellings for CY PRES DOCTRINE

• xy pres doctrine
• vy pres doctrine
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• dy pres doctrine
• ct pres doctrine
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• ch pres doctrine
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• cy ptes doctrine
• cy p5es doctrine