Talk:Cy-près doctrine

Section 112.054(b) of the Texas Property Code authorizes the court to modify the terms of the trust in order to conform the terms to the intent of the settlor "as nearly as possible. The statute can be found at

http://www.capitol.state.tx.us/statutes/docs/PR/content/htm/pr.009.00.000112.00.htm#112.054.00

Presumbably, the statutes of most states have similar authority.

Spelling

American law tends to spell the term "cy pres", with no hyphen or accent grave. This is the usage in Black's and the Phillips case discussed in the main article. I'm inclined to change the spelling unless someone points out a reason not to. Thewimsey (talk) 19:04, 6 May 2012 (UTC)[reply]

Edits on Jackson v. Phillips

I have read the decision ([1]), and corrected an error in the lead.

Francis Jackson's will, so it turns out, has two bequests: a $10,000 bequest for the propagation of abolitionism, and a $200 one for the benefit of fugitive slaves. Both bequests were at issue in this case, but the court applied cy-pres slightly differently. The first bequest was changed to "paid by them from time to time to an association already established, to promote the education, support and interests of the freedmen, lately slaves, in those states in which slavery had been so abolished, to be expended for that object"; while the second bequest was changed to, due to its smaller amount, "the use of necessitous persons of African descent in the city of Boston and its vicinity, preference being given to such as had escaped from slavery."--Samuel di Curtisi di Salvadori 21:33, 4 April 2014 (UTC)[reply]

This is too biased

This page reads or suggests that this is an American doctrine and everyone else is an exception. How about putting a general description at the head and put the US with all of the other national applications?

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etymology

The legal French term literally means "so near/close"

'so' would be si. Of course one cannot put too much weight on English spellings of Norman words. But I had always supposed that the first element is the same as in phrases like ci-joint 'joined hereto' and ci-dessus '(herein) above'.

We cite Black's Law Dictionary, which of course is not an etymological dictionary. What does the OED say? —Tamfang (talk) 17:05, 11 February 2020 (UTC)[reply]

I don't know about the OED, but Merriam-Webster says the noun history/etymology is "Anglo-French, as near (as possible)" and for the adverb "Anglo-French, so near, as near (as may be)". Oxford's Lexico website says the origin is: "early 19th century: from a late Anglo-Norman French variant of French si près ‘so near’". Here's what Wiktionary (not well referenced) has to say about "si":

French: "From Old French si, from Latin sic (“so, thus”)."
Old French: "so; thus; in such a way"

...and about "cy":

Middle French: "here (in this place)"

...and for "ci", there's this etymology:

French: "Contraction of ici (or ceci) or from Middle French cy, Old French ci, from Latin ecce hīc."

From Cy-près doctrine in English law: "The doctrine was initially an element of ecclesiastical law, coming from the Norman French cy près comme possible (as close as possible), but similar and possibly ancestral provisions have been found in Roman law, both in the Corpus Juris Civilis and later Byzantine law."

I don't think it's appropriate to provide a literal meaning from Modern French, as a LOT has changed over the centuries. I think a good fix to the intro would be: The legal French term, coming from the Anglo-Norman cy près comme possible, can be translated as "as near as possible" or "as near as may be".(keep BLD citation, add the MW & Lexico as citations) AHeneen (talk) 03:08, 12 February 2020 (UTC)[reply]

Thank you, I am satisfied. —Tamfang (talk) 01:02, 1 June 2023 (UTC)[reply]