CY PRES (L. Fr. as near as). The rule of construction applied to a will (but not to a deed) by which, where the testator evinces a particular and a general intention and the particular intention cannot take effect, the words shall be so construed as to give effect to the general intention. 3 Hare, Ch. 12; 2 Term, 254; 2 Bligh, 49; Sugden, Powers, 60; 1 Spence, Eq, Jur. 532.
2. The principle is applied to sustain wills in which perpetuities are attempted to be created, so that, if it can possibly be done, the• devise is not regarded as utterly void, but is expounded in such a manner as to carry the testator's intention into effect as far as the law respecting perpetuities will allow. This is called a construction cy pres. Its rules are vague, and depend chiefly upon judicial dis cretion applied to the particular case. Sedg wick, Const. Law, 265; Story, Eq. Jur. 1169 et .eq.
3. It is also applied to sustain devises and bequests for charity (q.,v.). Where there is a definite charitable purpose which cannot take place, the courts will not substitute an other, as they once did; but if charity be the general substantial intention, though the mode provided for its execution fails, the English chancery will find some means of effectuating it, even by applying the fund to a different purpse from that contemplated by the testator, provided only it be charita ble. Boyle, Char. 47,155; Shelford, Mortm.
601; 3 Brown, Ch. 379; 4 Ves. Ch. 14; 7 id. 69, 82. Most of the cases carry the doctrine beyond what is allowed where privtte inte rests are concerned, and have in no inconsider able degree to draw for their support on the prerogative of the crown and the statute of charitable uses, 43 Elie. c. 4. This doctrine does mitt universally obtain in this country to the disnherison of heirs and next of kin. Sea CHARITIESI CEFARITADLE USES; 1 Am. Law Reg. 538; 2 How. 127; 17 id. 369; 24 id. 465 ; 4 Wheat. 1 ; 8 N.Y.: 548; 14 id. 380; 22 id.70.