See Also: PRECATORY WORDS(law)
precatory(dictionary)
war of words(dictionary)
Fighting Words(law)
INJURIOUS WORDS(law)
Misspelled Words As Marks(law)
SPELLING, The art of putting the proper letters in words(law)

PRECATORY WORDS (law)


PRECATORY WORDS. Expressions in a will praying or requesting that a thing shall be done. shall be done. 2. Although recommendatory words used by a testator, of themselves, 2. Although recommendatory words used by a testator, of themselves, seem to leave the devisee to act as he may deem proper, giving him a seem to leave the devisee to act as he may deem proper, giving him a discretion, as when a testator gives an estate to a devisee, and adds that discretion, as when a testator gives an estate to a devisee, and adds that he hopes, recommends, has a confidence, wish or desire that the devisee he hopes, recommends, has a confidence, wish or desire that the devisee shall do certain things for the benefit of another person; yet courts of shall do certain things for the benefit of another person; yet courts of equity have construed such precatory expressions as creating a trust. 18 equity have construed such precatory expressions as creating a trust. 18 Ves. 41; 8 Ves. 380; Bac. Ab. Legacies, B, Bouv. ed. Ves. 41; 8 Ves. 380; Bac. Ab. Legacies, B, Bouv. ed. 3. But this construction will not prevail when either the objects to be 3. But this construction will not prevail when either the objects to be benefited are imperfectly described, or the amount of property to which the benefited are imperfectly described, or the amount of property to which the trust should attach, is not sufficiently defined. 1 Bro. C. C. 142; 1 Sim. trust should attach, is not sufficiently defined. 1 Bro. C. C. 142; 1 Sim. 542, 556. See 2 Story, Eq. Jur. Sec. 1070; Lewin on Trusts, 77; 4 Bouv. 542, 556. See 2 Story, Eq. Jur. Sec. 1070; Lewin on Trusts, 77; 4 Bouv. Inst. n. 3953. Inst. n. 3953.