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Cy Pres
These are old French words, which signify 'as near as.'
In cases where a perpetuity is attempted in a will, the courts do not, if they can avoid it, construe the devise to be utterly void, but expound the will in such a manner as to carry the testator's intentions into effect, as far as the rules respecting perpetuities will allow; this is called construction cy pres. When the perpetuity is attempted in a deed, all the limitations are totally void.
This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.
As near as may be': a technical word used in the law of trusts or of wills to refer to a power that the courts have to, rather than void the document, to literal construction would give the document illegal, impracticable or impossible effect. - ( read more on Cy-pres)
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List of Terms: Terms beginning with "A", Page 1 |
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A: Page 1 of 30.
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