[Late Anglo-Fr. = F. si près so near, as near.] Law. As near as practicable: applied to a process in equity by which, in the case of trusts or charities, when a literal execution of the testator’s intention becomes impossible, it is executed as nearly as possible, according to the general purpose. (Used as adv., sb. and adj.)
c. 1481. Littleton, Tenures, § 352. En ceo cas si l’baron deuy, viuant la feme, deuant ascun estate en le taile fait a eux, &c. donques doit le feoffee per la ley faire estate a la feme cy pres le condition, et auxy cy pres lentent de la condition que il poit faire.
[1628. Coke, On Litt., 219. In this case if the husband dyeth liuing the wife before an estate in taile made vnto them, &c. then ought the feoffee by the law to make an estate to the wife as neere the condition, and also as neere to the entent of the condition as he may make it.]
1802. Vesey, Reports, VII. 42. The question … is, whether the gift fails on account of the death of the trustee; or, whether the doctrine of cy pres takes place; and whether the Court sees its way sufficiently to execute what was the general intention.
1871. J. A. Hessey, Mor. Difficulties Bible, v. 112. A cyprès or approximate administration of an obsolete trust, is admissible.
1885. Vaughan Hawkins, in Law Rep. 29 Ch. Div. 561–2. The general intention of the testator to give the legacy for charitable purposes will be carried out cy-près.
b. fig. An approximation.
1850. Tait’s Mag., XVII. 769/2. The variety of metres introduced is as happy a cy-pres as the language admits of.
