Language in the will about decedent’s “desire” that family business companies remain owned by family was merely precatory. Window and one of four children served as co-executrices of decedent’s estate and co-trustees of two trusts created by his will.

precatory language Words in a will or a trust used by the testator (the person making the will) or settlor (the person making a trust) to express a wish or desire to have his or her property disposed of in a certain way or to have some other task undertaken, which do not necessarily impose a mandatory obligation upon anyone to carry out the wish.

Non Binding (Precatory) words in a will were found not to create a trust that was legally binding on the trustee, but instead that the words were non binding (precatory) and thus only morally binding an thus an outright bequest. precatory language Words in a will or a trust used by the testator (the person making the will) or settlor (the person making a trust) to express a wish or desire to have his or her property disposed of in a certain way or to have some other task undertaken, which do not necessarily impose a mandatory obligation upon anyone to carry out the wish. precatory language Words in a will or a trust used by the testator (the person making the will) or settlor (the person making a trust) to express a wish or desire to have his or her property disposed of in a certain way or to have some other task undertaken, which do not necessarily impose a mandatory obligation upon anyone to carry out the wish. A precatory trust is an express trust that is created with language that expresses a future intent or a wish, but in which the court nevertheless finds legally enforceable duties.

Precatory language often raises a question of intent. Where there's a will there's a way: an examination of Estate of Kesling, In re and the South Dakota Supreme Court's application of the plain meaning rule. PRECATORY LANGUAGE. Words in a will or a trust used by the testator (the person making the will) or settlor (the person making a trust) to express a wish or desire to have his or her property disposed of in a certain way or to have some other task undertaken, which do not necessarily impose a mandatory obligation upon anyone to carry out the wish.

Precatory Language Under Arizona Law Ernest contended that the farmland was not even supposed to be in the trust, based on the wording of the will. The Court’s decision turned on the use of “precatory” language, where the will states that it was “desire” to hold the … When interpreting wills, courts will look to whether a direction is precatory or mandatory in carrying out the testator's intent.

"Precatory" Language Unless you practice law for a living, you are unlikely to have ever come across the word "precatory." It refers to words that express a desire, without imposing an affirmative duty. Thus, precatory language in a will is a recommendation to the executor.

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AdjectiveEdit (law) Expressing a wish but not creating any legal obligation or duty. precatory words in a will. SynonymsEdit.

Fixer Codebyedge Nisan. Khadajah Garay. 703-730-4919. Precatory Personeriasm Denticeti.

Precatory ord, förtroende, gåva, vilja jollification, justification, language of communication, let the cat out of the bag, practical application, preachification, precative, precatory, predicate calculus, Ordinarily the translator of a foreign language is beset by the twin difficulties of facing the altar, a position in keeping with the precatory form of the blessing.
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Matter of Osborne, 209 N. Y.. 450, 103 N. E. 11 Aug 2014 PRECATORY LANGUAGE: THE DANGER OF UNLIMITED DISCRETION Wording in a will or trust which allows a named person to decide Precatory words refer to words requesting, recommending, or expressing a desire for action, in a nonbinding way. These words accompany a gift of property in a 26 Jul 2018 Here, the “precatory” language was weakened because the document elsewhere used mandatory language like “shall.” The court also rejected Precatory language in a will or trust usually includes such terms as the testator's " request," "hope," or "desire" that property be given to a certain person or be There is no technical requirement regarding what type of language is necessary for a testator to create a remainder.

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29 Aug 2019 Unnecessary and perhaps counter-productive precatory language may be avoided by clear and explicit instructions with no words that may

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Precatory Language Under Arizona Law Ernest contended that the farmland was not even supposed to be in the trust, based on the wording of the will. The Court’s decision turned on the use of “precatory” language, where the will states that it was “desire” to hold the …

What becomes problematic is if the person writing the trust does not use definitive or Non Binding (Precatory) words in a will were found not to create a trust that was legally binding on the trustee, but instead that the words were non binding re Gartenlaub's Estate, 185 Cal. 375, 197 Pac. 90 (1921); Mandeville's Es- tate, 286 Pa. 368, 133 Atl. 562 (1926); cf. Matter of Osborne, 209 N. Y.. 450, 103 N. E. 11 Aug 2014 PRECATORY LANGUAGE: THE DANGER OF UNLIMITED DISCRETION Wording in a will or trust which allows a named person to decide Precatory words refer to words requesting, recommending, or expressing a desire for action, in a nonbinding way.

Though the letter may be of great importance to the grantor, significant attorney involvement can complicate the trust drafting process by risking inclusion of precatory language in the trust instrument and presenting an opportunity for a grantor to incur significant legal fees for something of questionable utility.

While some attorneys do this as a matter of course, others will recoil in horror when this is suggested. A precatory trust is an express trust that is created with language that expresses a future intent or a wish, but in which the court nevertheless finds legally enforceable duties. Normally trust language must express a present intent to create legally enforceable duties on the trustee in order to have trust intent.. If there is no trust intent, the trust fails.

1 formal Relating to or expressing a wish or request. More example sentences.