A mulct anciently paid, by one who killed another, to the kindred of the deceased. Spelman; Gloss. CY PRES (L. Fr. as near as). The rule of construction applied to a will (but not to a deed) by which, where the testator evinces a general intention to be carried into effect in a particular mode which cannot be fol- lowed, the words shall be so construed as to give effect to the general intention. 3 Hare 12; 2 Term 254; 2 Bligh 49; Sugd. Pow. 60; 1 Spence, Eq. Jur. 532; Bisph, Eq. § 126; McGrath, Cy Pres. The principle is applied to sustain wills in which perpetuities are attempted to be created, so that, if it can possibly he done, the devise is not regarded as utterly void, but is expounded in such a manner as to carry the testator's intention into effect as far as the law respecting perpetuities will allow. This is called a construction cy pres. Its rules are vague, and depend chiefly upon judicial discretion applied to the particular case. Sedgwick, Stat. Law 265; Story, Eq. Jur. §§ 1167 et seq. A limi- tation void because it offends the doctrine of perpetuity will be void altogether, and cannot be held under the cy pres rule of con- struction to be good as to that part which keeps within the period of perpetuity, and void only as to the excess; 142 111. 606. See Tiedman, Real Property. It is also applied to sustain devises and bequests for charities (q. v.). In its origin the doctrine was applied, in the exercise of the royal prerogative, delegated to the Lord Chancellor under the sign manual of the crown. Where there was a definite chari- table purpose which was illegal and could not take place, the chancellor would sub- stitute another. The judicial doctrine under this name is that if charity be the general substantial intention, though the mode provided for its execution fails, the English chancery will find some means of effectuating it, even by applying the fund to a different purpose from that contem- plated by the testator, but as near to it as possible, provided only it be charitable; Bisph. Eq. § 129; Boyle, Char. 147, 155; Shelf. Mortm. 601; Beach, Wills 250; 8 Bro. Ch. 378; 4 Ves. 14; 7 id. 69, 82. Where a legacy is given to a charitable institution which exists at the testator's death, but ceases to exist before the legacy is paid over, it becomes the property of the char- ity on the death of the testator, and upon the charity ceasing to exist it is applica- ble to charitable purposes according to the doctrine of cy pres; [1891] 2 Ch. 286. Most of the cases carry the doctrine beyond what is allowed where private interésts are concerned, and have in no inconsiderable degree to draw for their support on the pre- rogative of the crown and the statute of cha- ritable uses; 43 Eliz. c. 4. This doctrine does not universally obtain in this country to the disinherison of heirs and next of kin. See CHARITABLE USES; 14 Allen 580; 1 Am. Law Reg. 538; 2 How. 127; 17 id. 869; 24 id. 465; 6 Wall. 337; 4 Wheat. 1; 8 N. Y. 548: 14 id. 380; 22 id. 70. Where the perpetuity is attempted to be created by deed, all the limitations based upon it are void; Cruise, Dig. t. 88 c. 9. § 34. See, generally, 1 Vern. 250; 2 Ves. 536, 337, 364, 380; 8 id. 141, 220; 4 id. 18; Comyns, Dig. Condition (L, 1); 1 Roper, Leg. 514; Swinb. Wills pl. 4, § 7, a. 4, ed. 1590, p. 31; Dane, Abr. Index; Toullier, Dr. Civ. Fr. liv. 3, t. 3, n. 586, 595, 611; Domat, Lois Civ. liv. 6, t. 2, § 1; Shelf. Mortm.; Highmore, Mortm. The cy pres doctrine has been repudiated by the states of North Carolina, Connecticut, Indiana, Iowa, Alabama, Maryland, Virginia, New York, South Carolina, and Pennsylvania, though in the last state it has been partially introduced by statute. But the doctrine has been approved in all the New England states except Connecticut; in Mississippi and Illinois, and in some states the question has not been decided; Bisph. Eq. $ 180; 1 Dev. 276; 29 Conn. 31; 85 Ind. 198; 17 S. & R. 88; 68 Pa. 465; 98 id. 165; 34 Ν. Υ. 584; 88 N. H. 296; 49 Me. 802; 50 Mo. 165: 5 C. E. Green 522; [1898] 2 Ch. 41; 38 Ala. 805; 150 Mass. 877; 147 id. 348; Tied. R. P.; 1 Spence, Eq. Jur. 588; 8 Hare 12.