The doctrine of cy-pres is a general rule that when literal
compliance with the terms of a will or trust is impossible, the
intention of a donor or testator should be carried out as nearly as
possible. When a gift is made by will or trust (usually for
charitable or educational purposes), and the named recipient of the
gift does not exist, has dissolved, or no longer conducts the
activity for which the gift is made, then the estate or trustee
must make the gift to an organisation which comes closest to
fulfilling the purpose of the gift.
In the recent case of Philip Bradshaw Games (as
administrator (trustee) of the Estate of the late Donald Collister)
v Manx National Heritage (Manx Museum & National Trust)
CHP 2001/61 the Isle of Man High Court of Justice considered using
this doctrine in the construction of a will. Reference was made by
the High Court to the Privy Council's decision in Mayor of
Lyons v AG of Bengal (1875-76) LR 1 App Cas 91.
