Estate of Richet

Citations

• 4 Coffey 334

Syllabus

<p>Wills.—Precatory Words are Expressions in a will praying or requesting that a thing be done; they are words of entreaty, request, desire or recommendation as distinguished from direct and imperative words.</p> <p>Wills.—Precatory Words Addressed to a Devisee or legatee make him a trustee for the person in whose favor they are used, provided the testator has pointed out with sufficient certainty both the object and subject matter of the intended trust.</p> <p>Wills—Cutting Down Fee by Subsequent Words.—When an absolute estate has been conveyed in one clause of a will, it is not cut down or limited by subsequent words except such as indicate as clear an intention therefor as shown by the words creating the estate. Words that merely raise a doubt or suggest an inference will not affect the estate thus conveyed. This rule of construction controls the rule that an interest given in one clause of the will may be qualified or limited by a subsequent clause.</p> <p>Wills—Subsequent Precatory Words Cutting Down Fee.—Under a clause in a will providing that “all the rest and residue of my estate, real or personal, wheresoever situate, of which I may die seized or possessed, I give, devise and bequeath to my beloved wife..... It is my wish that my wife pay a monthly pension of ten dollars to my sister during the latter’s lifetime”—the wife is entitled to the entire residue of the estate, free from any limitation or trust.</p>