Cypres

Cypres (as near as, so near). In cases where a perpetuity is attempted to be created in future there is an essential difference between a deed and a will, for in the case of a deed all the limitations are absolutely void, but in the case of a will the courts, if it can possibly be avoided, do not construe the devise as utterly void, but allow the will to be explained in such a way as to carry the testator's wishes into effect so far as the rule respecting perpetuities will permit, which is termed a construction "cypres." For example, where a life interest is given by will to an unborn person, with remainder in tail to the child of such unborn person, the courts will give the estate tail to the first unborn person in lieu of his estate for life, so as to leave to the second unborn the chance of the estate tail in that way descending upon him, which it will do if not barred. Cypres does not apply to personal property, there being no estate tail in such property.