Cy Press Doctrine - Law Dictionary Search Results
Home Dictionary Name: cy press doctrineCy-press Doctrine
Cy-press Doctrine, it applies where a charitable trust is initially impossible and the Court applies the property 'Cy-press' i.e. to some other charities as nearly as possible, resembling the original trust; N.S.R. Mudaliar v. M.S.V. Mudaliar, (1970) 1 SCC 12; R.P. Gandhi v. State, AIR 1954 SC 388; Abid v. Janab, (2000) 3 SCC 113....
Cy-pres
Cy-pres (near to it). The principle of this doctrine of construction is, that where a testator hs two objects,one primary or general and the other secondary or particular, which are incompatible, the particular must be sacrificed in order that effect may be given to the general object, as near as may be to the testator' intention, according to law. Thus, where a testator has devised lands in a manner transgressing the rules of perpetuity and the Court can by giving the estates tail to the devisees, or any of them carry the property in the precise course marked out by the testator, supposing the estates left to themselves, it will do so, see Monypenny v. Dering, 16 M & W 418. The doctrine did not apply to personalty nor to a mixed fund. See Re Harwood, Coleman v. Innes, 1936 Ch 285.It is also applied to charitable bequests, and was formerly pushed to a most extra-vagant length. But this sensible distinction now prevails, that the court will not decree the execution of a charitable trust...
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