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10 Cards in this Set

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What is Cy-pres order?

'carry out a donor's intentions in a manner that resembles as closely as possible the terms of his gift, where it is no longer practicable to carry them out literally' Keane, Equity and the Law of Trusts in the Republic of Ireland

Re Dunwoodie [1977] NI 141

Murray J said if case of initial failure nb to show testator had a general charitable intention.

Gift = install bells in church. Congregation did not want the bells butwanted the money. Still found gen charitable intention - cy-près order.

Re Prescott [1990] 2 IR 342

V res decision.

Testator left house to Russian Orthodox Church in eng and if members were in Ire none were in Ire gift failed. Court held only intended to benefit the named institution --> no cy-pres order

Re Royal Kilmainham Hospital [1966] IR 451

Orig home for King’s soldiers. Needed a cy-près to allow Irish soldiers to staythere too.

Held because no longer possible to carry out thefounder's intentions the available funds should be applied cy-près.

ReWorth Library [1995]2 IR 301

Keane J found will was 'undoubtedly an absolute and perpetual gift' --> can app cy-pres even though hosp no longer exists even though couldn't find gen charitable intention.

s.47of the Charities Act 1961

Sets out jurs for cy-près orders and has given new ones ontop of the previously estb ones

Mageev Attorney General [2002] IEHC 87

Purpose of gift had expired. Made cy-près order - money usedfor secondary aids for primary and secondary schools. Back for 2ndcy-près order - to usemoney to pay off debts BUT 1st cy-prèsstill served its purpose - no further cy-pres

Representative Church Body v Attorney General [1988] IR 19

shows effect of s 47.

Roof of Kilkenny cathedral ruined, housed books subj to a trust v valuable. Wanted to sell books to fund repair of roof. Needed a cy-près order. Made order auth sale of books.Orig purposes had ceased.

Varsaniv Jesani [1999] Ch 219443

equivalent of Ire provision in eng considered.

Principal prop of trust was a temple in London. 2 groups using temple fell out and didn’t want to use prop if the other was usingit. Made cy-près order - orig purposes ceased to be a suitable and effective method of using available prop

Section47(2) of the 1961 Act

keeps common law principles. NB of initial and subs failure remains.

Reaffirm in CheshireFoundation in Ireland v Attorney General [2011] IEHC 419