Cy-près is now accepted and the subject of 100s of law review essays thanks to its application to class action jurisprudence.
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If it becomes unlawful, impossible or impracticable to carry out
the purpose of the designated charitable trust or
becomes wasteful to apply all the property to the designated purpose,
the trust will not fail but instead the court will direct the
application of the property (or a portion of the property) to a
charitable purpose that reasonably approximates the designated purpose.
The cy-près doctrine means "as near as possible" - practically, this
means that the court rewrites the charitable gift or trust so that it is
no longer impossible or impracticable to carry out.
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