Precatory Words - Definition - Law Dictionary Home Dictionary Definition precatory-words

Definition :

Precatory words, expressions in a will, praying or recommending that a thing be done; e.g., that property bequeathed to a legatee be disposed of by him for the benefit of other persons ,the question then arising whether the legatee was meant to take absolutely or merely as a trustee for such other persons. The general rule is that such words will create a precatory trust if they are capable of being construed as imperative, but the cases are num-erous and conflicting. In former times the Court was very apt to construe words of recommendation as imperative, but of late years the tendency has been the other way; see Hill v. Hill, (1897) 1 QB 483; Williams v. Williams, (1897) 2 Ch 12; Re Oldfield, (1904) 1 Ch 549; Comiskey v. Bowring-Hanbury, 1905 AC 84.