Legal Definitions - approximation, doctrine of

The doctrine of approximation is a legal principle, primarily applied in trust law, that allows a court to modify the specific terms of a gift or trust when the original, exact instructions become impossible, impractical, or illegal to carry out. Instead of letting the gift or trust fail entirely, the court will permit it to be executed in a manner that is as close as possible to the donor's or testator's (the person making the will) general intent. This doctrine is often invoked in the context of charitable trusts, where it is sometimes referred to by its Latin name, cy-près, meaning "as near as possible."

Here are some examples illustrating the doctrine of approximation:

• Charitable Hospital Fund: A wealthy individual's will establishes a trust fund in 1950 to build and operate a small hospital in a rural town, specifically for the treatment of tuberculosis. Decades later, tuberculosis has become extremely rare due to medical advancements, and the rural town now has access to a large, modern regional hospital. Building a specialized tuberculosis hospital would be wasteful and unnecessary.

  How it illustrates the doctrine: A court, applying the doctrine of approximation, would likely allow the trust funds to be used for a purpose "as near as possible" to the original intent. This might involve redirecting the funds to establish a wing for respiratory diseases within the existing regional hospital, or funding research into other prevalent infectious diseases, thereby fulfilling the general charitable intent of providing medical care to the community, even if the specific original purpose is no longer viable.

• Scholarship for a Specific Field: A donor creates a perpetual trust to provide scholarships exclusively for students attending "University X to study ancient Sumerian languages." Over time, University X finds that there are no longer any professors or students interested in ancient Sumerian languages, and the department offering such studies is eventually dissolved.

  How it illustrates the doctrine: Rather than letting the scholarship fund sit unused, a court could apply the doctrine of approximation. It might permit the scholarships to be awarded to students studying other ancient Near Eastern languages at University X, or to students studying ancient Sumerian languages at a different, reputable university, or even to students studying general linguistics at University X. The court would aim to preserve the donor's overarching intent to support academic study in a related field, or at the specified institution, despite the impossibility of fulfilling the exact original condition.