Also known as: specific charitable intention · specific intent
Written by attorneys · grounded in primary & secondary sources — see below
A settlor's precise charitable purpose in directing a gift to a particular use or beneficiary. This purpose must be distinguished from a broader charitable goal when a court considers whether to modify the gift under the cy pres doctrine.
Sabrina Shah left funds to a specific hospital for cancer research. When the hospital closed, the court examined whether she had a specific charitable intent limited to that hospital or a general intent to aid cancer patients. The presence of detailed instructions about the particular facility showed specific charitable intent that blocked cy pres.
Stella Shapiro directed her estate to fund scholarships at one named private academy. After the academy merged with another institution, the court reviewed extrinsic evidence and found her specific charitable intent prevented redirecting the funds elsewhere.
Stephen Shaw created a trust for a particular stray-animal shelter. When the shelter ceased operations, the court held that his specific charitable intent for that exact shelter barred application of cy pres to a different rescue group.
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Sydney Santos bequeathed money to build a library wing at one university. When the university proposed using the funds for general acquisitions, the court enforced her specific charitable intent and refused to broaden the purpose.
Simon Stern left assets for research into one rare disease at a named institute. After the institute shifted focus, the court found his specific charitable intent controlled and denied cy pres to a broader medical-research fund.
Specific charitable intent refers to the settlor's precise purpose for a particular beneficiary or use. General charitable intent reflects a broader charitable goal that permits modification when the original purpose fails. Courts traditionally require both before applying cy pres.
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The modern trend presumes general charitable intent and lightens the burden on those seeking cy pres. Specific charitable intent remains relevant only when the instrument or extrinsic evidence clearly shows the settlor limited the gift to one exact purpose or beneficiary.
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A court refuses cy pres when the settlor demonstrated an intention contrary to a general charitable purpose. Evidence that the gift was tied to one particular institution or use shows the settlor would not have wanted the funds redirected.
…constitutional. However, under this statute a violation can be found only if the defendant acted "willfully," that is, with "a specific intent to deprive a person of a federal right made definite by decision or other rule of law." See Screws v. United States , 325 U. S. 91, 103 (1945). Moreover, this Court has never had…