Doctrine Of Cypress

Q. Write down briefly on doctrine cypress. (2003)

1. Introduction:

If execution of a charitable trust in the way expresses by the author is impossible or impracticable, it will
not fail, but the court will execute it as neraly as possible to the purpose desired by the settler.

2. Hansbury's view:

The word cypress has several conntations. in connoection with charities the cypress application of a fund
means the application of that fund to objects or purposes which are not precisely those the donor
provided for but which as neraly as possible fit for his intention.

3. Meaning of cypress:

Cypress is the Latin word ici-pres which means as nearly as possible. so it means approximation.

4. Application of the doctrine of cypress:

The doctrine of cypress applies to chartable trust. it does not apply to private trust the application of the
doctrine may be called for in the following three class of cases.

(i) Where a general charitable purpose is executed but the author of the trust has not expressed or has
failed to express with sufficient distinctness the specific modes by which it is to be carried out by the
court.

(ii) Where the author of the trust has made gift to a particular charity but that gift is or becomes
incapable of taking effect.

(iii) Where the charitable purpose expressed by the settler do not exhaust the property affected.

5. Charitable trust:

A charitable trust may be defined as a trust for the accomplishment of some purpose which is beneficial
to the public.

Examples:

(i) Advancement of education.

(ii) Advancement of religion.

(iii) Relief of poverty.

(iv) End of diseases.

(v) Medical relief.

6. Conditions for the doctrine of cypress:

Following are the conditions:

(i) It must be impossible to carry out the donor's intention literally.

(ii) The donor must have manifested a paramount intention of charity.

(iii) The new purpose to which the property is to be applied must be in nature as nearly as possible to
the particular purpose expressed by the settler but incapable of taking effect.

7. Conclusion:

To conclude I can say that, the cypress means near, next or as may be. it comes into operation in case of
religious or charitable trust. when the execution of charitable trust becomes inexpedient, the court will
execute it cypress. the purpose of such trust must be charitable.