CHAPTER 8
 

CHARITABLE GIFTS

 

 
 
 
 

C.

Cy Pres Doctrine
     
The doctrine of cy pres is one of approximation. It is set forth in PEF Code §6110 and is used whenever the particular charitable purpose for which property is given in trust is or becomes impossible, illegal or impractical of fulfillment and the settlor or testator has manifested a general charitable intent. In such case, the Orphans’ Court, upon petition, may direct the application of the property to a charitable purpose which falls within the general charitable intent of the settlor.

No individual charity, unless it is a beneficiary named in the instrument, has any special right to notice of cy pres proceedings. This is because the Attorney General, rather than various individuals or organizations or agencies, acts for the public in the supervision of charitable trusts. See Nevil Estate, 414 Pa. 122 (1964).

 

 


 
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