Cy-près

Cy-près, which, roughly translated, means 'as near as possible,' is applied to a well-known doctrine in the law of charitable trusts in England. This doctrine is to the effect that where a trustor mentions a general purpose to which money is to be applied—e.g. higher education, and also some particular method—e.g. payment to an institution which ceases to exist, the court will direct the application of the money in some other particular method, as near as possible to the one mentioned, and consistent with the general purpose. The doctrine is closely connected with another—viz. that where only a general charitable intention is expressed—e.g. relief of the poor, the court will devise some particular scheme, and will not hold the trust void for uncertainty. These doctrines also exist in Scots law, though not under the name of cy-près. The expression is also applied to a principle on which the court acts, so as to avoid illegality in settlements of property. In the United States it is held that the equity courts cannot make valid charities which are uncertain, but where charitable trusts have once been set a-going, they will prevent the trust from being defeated by change of circumstances.