Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Black's Law Dictionary: 2nd Edition

    As near as [possible.] The rule of cy-pres is a rule for the construction of instruments in equity, by which the intention of the party is carried put 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 se vague or uncertain that the testator's design must toe sought by censtruction. See 6 Cruise, Dig. 165; 1 Spence, Eq. Jur. 532; Taylor v. Keep, 2 III. 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.