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WHAT DOES CY PRES MEAN IN ENGLISH?
The cy-près doctrine is a legal doctrine that first arose in courts of equity. The legal French term literally means "so near/close" and can be translated as "as near as possible" or "as near as may be". The doctrine originated in the law of charitable trusts, but has been applied in the context of class action settlements in the United States. When the original objective of the settlor or the testator became impossible, impracticable, or illegal to perform, the cy-près doctrine allows the court to amend the terms of the charitable trust as closely as possible to the original intention of the testator or settlor to prevent the trust from failing. For example, in Jackson v. Phillips, the testator bequeathed to trustees money to be used to "create a public sentiment that will put an end to negro slavery in this country". After slavery was abolished by the Thirteenth Amendment, the funds were applied cy-près "to promote the education, support and interests of the freedmen, lately slaves, in those states in which slavery had been so abolished".
The translations of cy pres from English to other languages presented in this section have been obtained through automatic statistical translation; where the essential translation unit is the word «cy pres» in English.
List of principal searches undertaken by users to access our English online dictionary and most widely used expressions with the word «cy pres».
FREQUENCY OF USE OF THE TERM «CY PRES» OVER TIME
The graph expresses the annual evolution of the frequency of use of the word «cy pres» during the past 500 years. Its implementation is based on analysing how often the term «cy pres» appears in digitalised printed sources in English between the year 1500 and the present day.
Examples of use in the English literature, quotes and news about cy pres
10 ENGLISH BOOKS RELATING TO «CY PRES»
Discover the use of cy pres in the following bibliographical selection. Books relating to cy pres and brief extracts from same to provide context of its use in English literature.
Cases & Materials on Trusts
CHARITABLE TRUSTS: THE CY-PRES DOCTRINE INTRODUCTION If the
purpose of a charitable gift becomes impossible or impractical to carry out, the
fund is not held on an automatic resulting trust, as would be the case with a
Mohamed Ramjohn, 2004
The Modern Cy-près Doctrine
This book is of interest to researchers and practitioners working in trusts and charity law, property law, contract law, and class actions jurisprudence.
Rachael P. Mulheron, 2006
Antitrust class actions handbook
a cy pres distribution award back to the district court finding that there was no
indication that the court "carefully weighed all considerations" in selecting the
recipients of the unclaimed settlement funds.47 The Seventh Circuit set aside a
cy pres ...
Wills, Trusts & Estates
691 (1987)]. NATURE OF CASE: Petition for application of cy pres doctrine to
change trust purpose. FACT SUMMARY: After Mrs. Buck's will left the residue of
her multimillion dollar estate to the San Francisco Foundation to be used
Lawrence W. Waggoner, 2003
Private Enforcement of Antitrust Law in the United States: A ...
This chapter provides background on the law of cy pres and suggests “best
practices” for its invocation. § 14.02 The cy pres doctrine in antitrust class action
litigation The cy pres remedy has evolved into a workable device that often fits
Albert A. Foer, Randy Stutz, 2012
Trusts Law: Text and Materials
to establish the presence of a 'general charitable intention' before the cy-pres
doctrine can operate. That requirement is forestalled if the court or Commission
can conclude that there is no failure. The cy-pres doctrine and the making of a ...
Graham Moffat, Gerry Bean, Rebecca Probert, 2009
Loring and Rounds: A Trustees Handbook 2014e
§9.4.4 In the United States Neither the Legislative nor the Executive Branches
May Apply Prerogative Cy Pres to a Charitable Trust The Court has exclusive
jurisdiction of proceedings initiated by interested parties concerning the internal
Rounds, Charles E. Rounds, Jr., Charles E. Rounds, III, 2013
Holocaust Restitution: Perspectives on the Litigation and ...
With the court unable to distribute the full $800 million to deposited-asset
claimants and having ruled that looted-asset claims would not be paid, the
money must be distributed on a cy pres basis. Cy Pres is a legal doctrine in class
action law ...
Michael J. Bazyler, Roger P. Alford, 2006
Governing Nonprofit Organizations: Federal and State Law and ...
The donee trustee, the San Francisco Community Foundation, had petitioned the
court to apply the cy pres doctrine to permit it to make grants within a wider
geographic area. The case generated widespread interest in the San Francisco ...
Marion R. Fremont-Smith, 2009
Principles of the Law of Aggregate Litigation
This Section addresses settlements in which the parties agree to a cy pres
remedy, as opposed to the situation in which a court orders a cy pres distribution
as a remedy in a contested class action. For commentary discussing the
The American Law Institute, 2010
10 NEWS ITEMS WHICH INCLUDE THE TERM «CY PRES»
Find out what the national and international press are talking about and how the term cy pres is used in the context of the following news items.
Linkedin RSVPs to e-mail invite litigation with $13m deal
... the money will be distributed to three cy pres recipients: Access Now, the Electronic Privacy Information Center, and the Network for Teaching ... «Lexology, Jul 15»
Class action settlement funds free consumer lawyer for the poor
“Cy pres” is an abbreviation of “cy pres comme possible,” and, if you'll excuse my French (not Latin), means roughly “as near as possible. «Lexology, Jul 15»
Keepseagle v. USDA :The Case Continues
The law with regard to cy pres funds is not clear.Chief Justice Robertscommenting on cy pres settlements (in Marek v. Lane, 134 S.Ct. 1, ... «Agri-Pulse, Jun 15»
Counseling for homeowners boosted with state grant
Another $3 million were set aside to help victims of the mortgage and financial crisis through a cy pres grant process. Cy pres means “as near ... «RealEstateRama, Jun 15»
State Bar Board Supports Cy Pres Petition to Fund Civil Legal …
The 52-member board approved the so-called cy pres petition at its final meeting of the fiscal year, a precursor to the State Bar's two-day ... «WisBar, Jun 15»
Native Americans To Voice Dismay Over USDA Settlement Mod
The settlement required that any unclaimed funds be distributed as cy pres awards to nonprofit organizations serving Native American farmers ... «Law360, Jun 15»
Val Riess Park Path in Chalmette wins national award
... Fund Program administered by the Louisiana Office of State Parks, the Murphy Oil Cy Pres Committee, and St. Bernard Parish Government. «NOLA.com, Jun 15»
Native Plaintiffs Back Divergent Plans For USDA Settlement
A cy pres distribution would mean that none of the unclaimed settlement funds would directly benefit any the class members, according to the ... «Law360, Jun 15»
Teva Gets Nod For $24M Nexium Pay-For-Delay Settlement
After the various litigation costs and taxes, $1 million of the remaining settlement would go to the indirect purchasers, likely as a cy pres award if ... «Law360, Jun 15»
No Upheaval in Class Reps for Indian Farmers
The terms of the settlement had indicated that any leftover money would be distributed under the cy pres doctrine, which directs unclaimed ... «Courthouse News Service, Apr 15»
« EDUCALINGO. Cy pres [online]. Available <https://educalingo.com/en/dic-en/cy-pres>. Jan 2021 ».