Legal Definitions - pres

The term "pres" comes from Law French and means "near." In legal contexts, it is almost exclusively encountered as part of the doctrine of cy pres (pronounced "see pray"), which translates to "as near as possible."

The cy pres doctrine is a fundamental legal principle applied primarily to charitable trusts and wills. It allows a court to modify the terms of a charitable gift when the original purpose specified by the donor becomes impossible, impractical, or unlawful to achieve. Instead of the gift failing entirely, the court will direct the funds or property to an alternative charitable purpose that is "as near as possible" to the donor's original intent. This ensures that the donor's general charitable wishes are honored, even if the specific method they outlined cannot be followed.

Here are some examples illustrating the application of the cy pres doctrine:

• Example 1: Obsolete Charitable Purpose
  A will written in the 1960s leaves a significant sum of money to "The Society for the Advancement of Typewriter Technology." By the time the will's provisions are to be executed, typewriters are largely obsolete, and the specified society has long since dissolved.
  
  In this scenario, a court applying the cy pres doctrine would recognize that the donor's general charitable intent was to support technological innovation or education. The court might then redirect the funds to a modern organization dedicated to digital literacy programs, computer science education, or the preservation of historical computing equipment. This new purpose is considered "as near as possible" to the donor's original, albeit outdated, charitable vision.
• Example 2: Non-Existent Beneficiary Institution
  A trust is established to provide an annual scholarship exclusively for students attending "St. Augustine's Preparatory School for Boys" in a particular town. Years later, St. Augustine's closes its doors permanently due to declining enrollment and financial difficulties.
  
  Under the cy pres doctrine, the court would intervene to prevent the scholarship funds from going unused. It might direct the scholarships to another local preparatory school with a similar mission, or to a general scholarship fund for students from the original town attending any accredited institution. This ensures the donor's intent to support local education, particularly for young men, is fulfilled "as near as possible" despite the specific beneficiary institution no longer existing.
• Example 3: Impractical Geographic Restriction
  A wealthy individual's will dictates that a parcel of land they own must be used to establish and maintain a small public library *only* for the residents of a specific, remote mountain hamlet. Over time, the hamlet becomes completely depopulated, and the land is now surrounded by a large state park.
  
  A court could apply cy pres to allow the land to be incorporated into the adjacent state park, perhaps designating it as a nature preserve or a specific recreational area accessible to the broader public. The court might also require a plaque or memorial to acknowledge the donor's original intent for public benefit. This ensures the land is still used for a public, charitable purpose "as near as possible" to the donor's original vision of community benefit, even though the specific beneficiary community no longer exists.