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CY-PRES Definition & Legal Meaning

Definition & Citations:

As near as [possible.] The rule of cy-prcs is a rule for the construction of instrumeuts in equity, by which the intention of the party is carried out as near as may be, when it would be impossible or illegal to give it literal effect. Thus, where a testator attempts to create a perpetuity, the court will endeavor, Instead of making the devise entirely void, to explain the will In such a way as to carry out the testator’s general intention as far as the rule against perpetuities will allow. So in the case of bequests to charitable uses; and particularly where the language used is so vague or uncertain that the testator’s design must be sought by construction. See 6 Cruise, Dig. 165; 1 Speuce, Eq. Jur. 532; Taylor v. Keep, 2 111. App. 383; Beekman v. Bonsor, 23 N. Y. 308, 80 Am. Dec. 269; Jackson v. Brown, 13 Wend. (N. Y.) 445; Doyle v. Whalen, 87, Me. 414, 32 Atl. 1022, 31 L. R. A. 118; Philadelphia v. Girard, 45 Pa. 28, 84 Am. Dec. 470.


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