In the Matter of Hubbard-Willets-Pratt Fund (so called)
Quinnipiac Probate Law Journal │ 2010
Doctrine of Cy Pres and Approximation - Conn. Gen. Stat. Subsection 45a-98(a)(5) grants probate courts the power to apply the doctrine of cy pres or approximation to trusts and wills, subject to certain limitations imposed by Conn. Gen. Stat. Subsection 45a-98a.
Cy Pres is a rule for the construction of instruments in equity, carrying out as closely as possible the intent of the party, when such intent would otherwise be impossible or illegal to give it literal effect.
When a condition imposed by the donor has proven to be impracticable, the court's function is to determine a practical means of most approximately carrying out the donor's intent.
Once the authority of the court is invoked, the ultimate responsibility for the application of the doctrine of cy pres or approximation to a charitable trust lies with the court and not with the trustees or the attorney general.
Where a charitable trust shows a general charitable intent, but the particular expressed intent of the testator or grantor cannot be fulfilled due to circumstances which make it impossible, the doctrine of cy pres or approximation may be applied to devote the trust to a charitable use approximating the charitable intent.
With regard to applying the doctrine of cy pres or approximation, Conn. Gen. Stat. Subsection 45a-514 mandates probate courts to seek a method or result which as nearly as possible effectuates the intent of the testator.
Copyright (c) 2010 Quinnipiac Probate law Journal Association. 23 Quinn. Prob. Law Jour. 183
In the Matter of Estate of Katherine M. Smith
The Connecticut Probate Law Journal │ 1995
Memorandum of Decision re Amended Interim Account of Executrix concerning whether fees charged by the Attorney of record and Accountant are reasonable. The Connecticut Probate Law Journal, Vol.10, No. 1 at Page 1 (1995).