Legal Dictionary of Pakistan

cy pres

[Law French "as near as"] The equitable doctrine under which a court reforms a written instrument with a gift to charity as closely to the donor's intention as possible, so that the gift does not fail. ( Courts use cy pres esp. in construing charitable gifts when the donor's original charitable purpose cannot be fulfilled. Cf. DOCTRINE OF APPROXIMATION. "The cy pres doctrine has been much discussed, if not a little severely criticised, and in many cases misunderstood .... The cy pres doctrine is one under which Courts of Chancery act, when a gift for charitable uses cannot be applied according to the exact intention of the donor. In such cases the courts will apply the gift, as nearly as possible (cy pres) in conformity with the presumed general intention of the donor; for it is an established maxim in the interpretation of wills, that a court is bound to carry the will into effect if it can see a general intention consistent with the rules of law, even if the particular mode or manner pointed out by the testator cannot be followed." George T. Bispham, The Pr nciples of Equity § 104, at 113-14 (11th ed. 1931).