Construction. These are old French words, which signify “as near as” or “as near as possible.” In cases where a perpetuity is attempted in a will, the courts do not, if they can avoid it, construe the devise to be utterly void, but expound the will in such a manner as to carry the testator’s intentions into effect, as far as the rules respecting perpetuities will allow; this is called construction “cy pres.” When the perpetuity is attempted in a deed, all the limitations are totally void.
The “Cy Pres Doctrine” originated from trust law (charities) but has also come to be used in settlements of class actions. The original objective of the Cy Pres Doctrine was to follow as closely as possible the testator’s or donor’s intentions when circumstances are that it is impossible to follow such intentions precisely or exactly.