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Antonyms for precatory. 1 synonym for precatory: precative. What are synonyms for precatory? When interpreting wills, courts will look to whether a direction is precatory or mandatory in carrying out the testator's intent.
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'I would like') could render the dispositions In the 18 th and 19 th century, the Court of Chancery quite readily construed ' precatory' words as creating a trust. However, now modern courts are still at Recommended Citation. Vincent, H. W. (1935) "Trusts--The Creation of a Trust by the Use of Precatory Words," Kentucky Law Journal: Vol. 23 : Iss. 3 , Article. 11. 14 Dec 2019 And it is both my desire and my hope that the trend toward clarity of purpose continues.
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How to use precatory in a sentence. Did You Know? Precatory words.
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imprecate, imprecation, pray, prayer, precarious, precation, precatory. Precatory language are "words of entreaty, request, wish or recommendation" addressed to a donee under a will. 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.
Did You Know? Precatory words. As a general rule, language contained in a Will or Trust such as “wish,” “want,” “recommend,” or “desire” is merely an expression of the decedent’s wishes or desires; it is not legally binding on the donee. Related to precatory: prefatory, precatory bean, Precatory Language precatory adj. referring to a wish or advisory suggestion which does not have the force of a demand or a request which under the law must be obeyed.
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Proper language to transfer property includes the words - "shall," "must", "transfer," etc. Precatory language is Synonyms for precatory in Free Thesaurus.
If there is no trust intent, the trust fails. PRECATORY Having the nature of prayer, request, or entreaty; conveying or embodying a recommendation or advice… RECOMMENDATORY Precatory, advisory, or directory.
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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..
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As stated in Bogert, supra § 19 at 41: 2010-09-08 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. 2020-02-29 2019-12-14 2015-07-26 2019-12-16 In a standard application of traditional estates doctrine, the Massachusetts Appeals Court has found a fee simple absolute despite language in the grant to the YWCA stating that the property was given "in trust, nevertheless, for the uses, purposes and trusts aforesaid." Young Women's Christian Ass'n, Inc. of Boston, Inc. v. Young Women's Christian Ass'n of Philadelphia, Inc., 90 Mass. App. Ct 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.