Cy Pres

DOCTRINE OF. The doctrine of construing written instruments as near to the intention of the parties as possible.

Shep. Touch, (by Preston,) 83, 84.

It is most commonly applied to the construction of wills, and is only another name for the general principle, (sometimes called the rule of approximation^ of carrying into effect the testator's intention as nearly as may be according to the rules of law. Leans on Perpetuity, 427. 2 Story's Eq, Jur, § 1169. This doctrine has been made a part of the statute law of the State of New- York. 1 i2«;. /Sf^ [748,] 740, § 2. Savage, C. J., 14 Wendel Vs K 308. The doctrine of cy pres may be more particularly stated thus; that where there IS a general and also a particular intention apparent on a will, and the particular intention cannot take effect, the words shall be so construed as to give effect to the • general intention. Broom's Maxims, 244. lievns on Perpetuity, 426. 2 Smith's Lead. Cos. 294. Thus, in case of a donation for charitable purposes, if it be incapable of being literdly acted upon, or if its literal performance would be unreasonable, a decree will be made for its execution cy pres, that is, in some method conformable to the general object, as closely as possible to the specific design of the donor. 3 Steph. Com. 230. 2 Story's Eq. Jur. § 1169, et seq. 2 Kent's Com. 288. So where Ihnitations are made by way of remainder to the children of imbom persons, which are generally void for remoteness, there are cases in which the courts in England have so moulded, or put such construction upon the limitations, as that the unborn parent may take an estate tail, and the property vest in his issue by descent, by which all objection of remoteness is obviated. Lewis on Perpetuity, 426. It is this last description of cases which most commonly calls forth the application of the doctrine of cy pres, Feame on Contingent Memc Unders, 204. Butler's note, ibid. Levns on Perpetuity, 426 — 454. 4 Kent's Com. 506, notes. Coster V. Loni Uard, 14 Wendell'^ it. 266.