a ("The cy pres doctrine's modern rationale rests primarily in the perpetual duration allowed charitable trusts and in the resulting risk that designated charitable purposes may become obsolete as the needs and circumstances of society evolve over time.").
See Johnson, supra note 2, at 372 ("[T]his requirement [of general charitable intent] rarely has prevented the application of the cy pres doctrine."); see also RESTATEMENT OF THE LAW OF CHARITABLE NONPROFIT ORG.
When individual distributions are not feasible, a court applying the cy pres doctrine to distributions of the remainder of the fund is left trying to ascertain a recipient that would indirectly benefit the members of the class.
However, despite the appropriate narrowing of the cy pres doctrine, there are other things courts can do to perfect cy pres, such as: denying approval of class action settlements that do not contain a clear and specific plan for the distribution of residual fees, imposing mandatory notice requirements, and requiring input from class members on an appropriate recipient of the residual funds.
at 863 ("Kellogg agreed to distribute, also pursuant to the cy pres doctrine
, $5.5 million 'worth' of specific Kellogg food items to charities that feed the indigent.
Shepherd retained the cy pres doctrine's core: each proposed
a variant of the cy pres doctrine at common law," and finding no
An appeal soon followed to determine whether the trial court erred in finding the Museum, as residuary beneficiary of the Foundation, possessed a right to reservation and therefore had standing in the dispute; whether the trial court erred in finding that the charitable intent of the gifts was specific rather than general charitable intent; and whether the trial court erred in finding that the University could not satisfy the necessary elements to entitle it to relief under the cy pres doctrine. (63) The Tennessee Court of Appeals held the O'Keeffe Museum did not have standing in the matter and it reversed the trial court's holding with respect to the 97 works from the Stieglitz Collection.
Judges have a great deal of discretion when applying the cy pres doctrine. In reevaluating the goals of the charitable trust, the court must "consider evidence as to what would probably have been the wish of the settlor at the time when he created the trust if he had realized that the particular purpose could not be carried out." (87) This can be a subjective enquiry, prompting some legislatures to erect statutory limits on the cy pres doctrine, (88) These limitations on the courts' powers to amend restrictive trusts attempt to ensure that the wishes of the settlor are not easily overturned.
Courts have found the cy pres doctrine
useful in class action suits as well.
eliminate the racial restrictions by use of the cy pres doctrine
It asserted that this status gave rise to certain claims or obligations that the state can assert against it under the cy pres doctrine
, the constructive-trust doctrine or a similar doctrine for the public benefit.
1993) (discussing scope of cy pres doctrine
and distribution of fund residue to 15 organizations).
Finally, Part IV explores five options for how the public interest can be considered in trust administration: (1) liberalizing the cy pres doctrine
; (2) relaxing the fiduciary duty of obedience and using greater discretion in public enforcement of charitable trusts; (3) raising the bar to the creation of trusts; (4) lowering the obstacles currently preventing trust failure; and (5) providing special consideration for regulation of the care of and access to important works of art and culture.
Legally, these modifications can be categorized under two headings: (1) the cy pres doctrine
; and (2) administrative deviation.