Passage:
Under Anglo-American trust jurisprudence, the doctrine of cy-près—derived from the Norman French phrase *cy-près comme possible* ("as near as possible")—permits a court of equity to redirect charitable trust assets toward an alternative philanthropic objective when the settlor’s original intent becomes impossible, impracticable, or unlawful to execute. While modern statutory frameworks have largely codified and standardized this equitable power, the historical demarcation between judicial cy-près and prerogative cy-près long confounded early nineteenth-century chancellors. Under the prerogative power, exercised exclusively by the Crown through the sign manual upon advice of the Attorney General, the sovereign claimed an unbridled discretion to reallocate funds dedicated to vaguely defined or legally illicit charitable purposes to any charity whatsoever, irrespective of whether the redirected purpose bore any resemblance to the donor’s original wishes. Conversely, judicial cy-près, administered by the Court of Chancery, required a preliminary finding of a "general charitable intention" on the part of the testator, constraining the court to substitute an object closely aligned with the settlor’s underlying design.
The tension between these two mechanisms culminated in the landmark decision *Moggridge v. Thackwell* (1803), wherein Lord Eldon undertook a rigorous review of Chancery precedents. In that case, the testatrix, Ann Cam, had devised the residue of her estate to James Vaston to distribute to "such charities as he should think fit," but Vaston predeceased her, leaving the trust without a designated trustee to select the specific beneficiaries. Counsel opposing the charity argued that because the designated intermediary had died prior to exercising his discretion, the gift lapsed entirely, resulting in a constructive resulting trust for the next of kin. Lord Eldon rejected this contention, establishing that where a testator has unequivocally manifested a general intention to devote property to charitable ends, Chancery will not allow the gift to fail for want of a trustee.
Crucially, Lord Eldon clarified the boundary between the respective realms of the Chancellor and the Crown. He held that where a general charitable intention is expressed through the nominal appointment of a trustee who subsequently fails to act—whether by predeceasing the testator, declining the office, or dying before allocation—the disposition falls under the judicial jurisdiction of Chancery, which executes the trust by formulating a tailored scheme of distribution. By contrast, where funds are bequeathed to charity in purely indefinite terms with no trustee named at all, or where the bequest is directed toward a purpose deemed superstitious or contrary to public policy, the disposition devolves to the Crown under the prerogative sign manual.
According to the passage, which of the following explicitly characterizes a circumstance in which the reallocation of a charitable bequest falls under the prerogative power of the Crown rather than the judicial jurisdiction of Chancery?
- A testator devises property to charitable ends in entirely indefinite terms without designating any trustee.Cevap
- BA designated trustee predeceases the testator prior to selecting any specific recipient charities under a general charitable bequest.
- CA nominated trustee formally declines the office after the testator has explicitly specified the ultimate beneficiary institutions.
- DThe next of kin demonstrate that modern statutory codifications have formally eliminated the need for a judicial scheme of distribution.
- EThe Court of Chancery formulates a tailored distribution scheme that closely approximates the testator’s original philanthropic design.