| 释义 |
‖ ˈcypres|ˈsiːprɛː|
[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., n., and adj.)
c1481Littleton 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. [1628Coke 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.] 1802Vesey 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. 1872J. A. Hessey Mor. Difficulties Bible v. 112 A cypres or approximate administration of a trust is admissible. 1885Vaughan Hawkins in Law Rep. 29 Ch. Div. 562 The general intention of the testator..will be carried out cy-près.
b. fig. An approximation.
1850Tait's Mag. XVII. 769/2 The variety of metres introduced is as happy a cy-pres as the language admits of. |
