Cy Pres Doctrine New York

In New York, the cy pres doctrine is embedded and often used in the context of charitable gifts and trusts. the doctrine is invoked where the bequest cannot be carried out due to changed circumstance, impracticability or impossibility. (Matter of Post, 2 AD3d 1091, 1092-1093, 769 NYS2d 332 [3d Dept 2003].) In such circumstance, the court may exercise its cy pres power to redirect the bequest "in such manner as in the judgment of the court will most effectively accomplish its general purposes." (Id. at 1093) The doctrine is applied only after the court makes a finding of impracticality, impossibility or changed circumstance. (Id.)