The cy-près doctrine ( /ˌsiːˈpreɪ/ SEE-PRAY) is a legal doctrine that first arose in courts of equity. The term can be translated (from old Norman French to English) as "as near as possible" or "as near as may be." The doctrine originated in the law of charitable trusts, but has been applied in the context of class action settlements in the United States.
When the original objective of the settlor or the testator became impossible, impracticable, or illegal to perform, the cy-près doctrine allows the court to amend the terms of the charitable trust as closely as possible to the original intention of the testator or settlor to prevent the trust from failing.
For example, in Jackson v. Phillips, the testator bequeathed to trustees money to be used to "create a public sentiment that will put an end to negro slavery in this country." After slavery was abolished by the Thirteenth Amendment to the United States Constitution, the funds were applied cy-près to the "use of necessitous persons of African descent in the city of Boston and its vicinity."
Read more about Cy-près Doctrine: Application in England and Wales, Model Code, United States Class Actions
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