Precatory - Law Dictionary Search Results
Home Dictionary Name: precatoryprecatory
precatory : expressing a wish or desire but not creating a legal obligation or affirmative duty [a remark] [the words] NOTE: When interpreting wills, courts will look to whether a direction is precatory or mandatory in carrying out the testator's intent. Thus, courts generally will not construe language to create a trust if the language is only precatory and there is no evidence that the language was intended to create a trust. Words such as with the hope that or it is my wish that are often considered precatory. ...
Precatory words
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....
Trust
Trust, is a comprehensive expression, as covering not only the relationship of trustee and beneficiary but also that a bailor and bailee master and servant pledger and pledgee, guardian and ward and all other relations which postulate the existence of fiduciary relationship between the complainant and the accused, State v. K.P. Jain, (1983) 2 Crimes 947 (All).Trust, is a trust for public purposes, the substances and primary intention of the creator must be seen, Shabbir Husain v. Ashiq Husain, AIR 1929 Oudh 225.Trust, is an obligation annexed to ownership. A trustee holds property 'subject' to an obligation, which the testator has imposed upon him, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218: (1957) 59 Bom LR 478.Means any arrangement whereby property is transferred with intention that it be administered for another's benefit is a trust. It casts an obligation on the trustee to use the property for achieving the purpose for which the trust is created, Baba Jamuna Das Mah...
desire
desire de·sired de·sir·ing : to wish for earnestly see also precatory NOTE: Courts have variously interpreted desire in wills to indicate either a direction of the testator that must be followed or merely an expression of what the testator hoped would happen. ...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial