cy pres
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 396 U.S. 435 - Evans v. Abney · 1970Most cited · 231 citing opinions
the fundamental purpose of these cy pres provisions is to allow the court to carry out the general charitable intent of the testator where this intent might otherwise be thwarted by the impossibility of the particular plan or scheme provided by the testator
How often courts cite the case defining “cy pres”
Court decisions citing the opinion that defined “cy pres” — 231 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1970–1970
In some cases it appears that the accomplishment of the particular purpose and only that purpose was desired by the testator and that he had no more general charitable intent and that he would presumably have preferred to have the whole trust fail if the particular purpose is impossible of accomplishment. In such a case the cy pres doctrine is not applicable.