The Cy Pres Doctrine in the United States: From Extreme Reluctance to Affirmative Action

Authors

Frances Howell Rudko, University of Massachusetts School of Law - DartmouthFollow

Document Type

Article

Publication Date

1998

Abstract

In Part I, the author illustrates how the United States jurisdictions differ from England in the requirement for charitable intent. Earlier cases reveal the United States, unlike England, has resisted relaxation of the requirement. In Part II, the author uses the Restatement of Trusts to demonstrate further how jurisdictions had developed differently at the mid-twentieth century point. In Part III, the author reports on the significant reforms in England and the corresponding, though halting, movement toward reform in the United States jurisdictions. In Part IV, the author describes the specific reform proposals in the United States proliferating since 1943. Finally, the author concludes that relaxation of cy pres doctrinal requirements is realized best by modest legislation and effective drafting.

Comments

Originally published in the Cleveland State Law Review in 1998.

Recommended Citation

Frances Howell Rudko, The Cy Pres Doctrine in the United States: From Extreme Reluctance to Affirmative Action, 46 Clev. St. L. Rev. 471 (1998).