 The meaning of the doctrine of cy pres, as received by us, is, that when a definite function or duty is to be performed, and it cannot be done in exact conformity with the scheme of the person or persons who have provided for it, it must be performed...  Reports of Cases Determined in the Appellate Courts of Illinois - Page 367by Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - 1913Full view - About this book
 | Law - 1922 - 262 pages
...Pa. 9-28 the court said : "The meaning of the doctrine of cy prcs, as received by us, is, that \\hen a definite function or duty is to be performed, and...scheme of the person or persons who have provided it, it must be performed with as close approximation to that scheme as reasonably practicable : and... | |
 | Law - 1911 - 452 pages
...doubted. It is thus expressed by Lowrie, CJ, in City of Philadelphia vs. Girard's heirs, 45 Pa., 9, " When a definite function or duty is to be performed,...of the person or persons who have provided for it, it must be performed with as close approximation to that scheme as reasonably practicable ; and so,... | |
 | Robert Hunter McGrath (Jr.) - Charity laws and legislation - 1887 - 90 pages
...explained by Mr. " Ch. J. Lowrie : The meaning of the doctrine of cy "pres as received by us, is that when a definite function "or duty is to be performed,...the person, or " persons who have provided for it, it must be per" formed with as close approximation to that scheme as " reasonably practicable ; and... | |
 | Law reports, digests, etc - 1887 - 918 pages
...means provided for by the donor fail by reason of their inadequacy or unlawfulness. SAME. — WHEN DEFINITE FUNCTION OR DUTY is TO BE PERFORMED, AND...IN EXACT CONFORMITY with the scheme of the person who has provided for it, it must be performed with as close approximation to that scheme as is reasonably... | |
 | Electronic journals - 1915 - 880 pages
...Herbert, LR 7 Ch. App. 232 (1872). Cf. Wallis ». Solicitor-General for New Zealand, [1903] AC 173. " When a definite function or duty is to be performed and it cannot be done in exact conformity to the scheme of the donor, it must be performed with as close an approximation to that scheme as reasonably... | |
 | Henry Budd, Ardemus Stewart - Equity - 1896 - 828 pages
...inadequacy or unlawfulness. . . . The meaning of the doctrine of cy prta, as received by us, is, that when a definite function or duty is to be performed,...of the person or persons who have provided for it, it must be performed with as close approximation to that scheme as reasonably practicable, and so,... | |
 | Law reports, digests, etc - 1907 - 1282 pages
...Clergymen, 162 Pa. 232, 29 Atl. 731, as to change of plan. John v. Smith, 42 CCA 275» 102 Fed. 218. When a definite function or duty is to be performed, and it cannot be done in exact conformity to the scheme of the donor, it must be performed with as close an approximation to that scheme as reasonably... | |
 | Roland Roberts Foulke - Charity laws and legislation - 1909 - 594 pages
...Equity, 7th ed. (1905), p. 198. "The meaning of the doctrine of cy pres, as received by us, is, that when a definite function or duty is to be performed,...of the person or persons who have provided for it, it must be performed with as close approximation to that scheme as reasonably practicable; and so,... | |
 | Roland Roberts Foulke - Charity laws and legislation - 1909 - 594 pages
...Equity, 7th ed. (1905), p. 198. "The meaning of the doctrine of cy pres, as received by us, is, that when a definite function or duty is to be performed,...exact conformity with the scheme of the person or parsons who have provided for it, it must be performed with as close approximation to that scheme as... | |
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