 | New Jersey. Court of Chancery - Law reports, digests, etc - 1892 - 734 pages
...intention of the testator, as gathered from the whole Eberhardt v. Perolin. will, controls the court ; in order to create a trust, it must appear that the...by the testator to be imperative; and when property k given absolutely and without restriction, a trust is not to be lightly imposed, upon mere words of... | |
 | George Spence - Civil procedure - 1846 - 708 pages
...purposes of trust. If property be given absolutely and without restriction, it is now settled that a trust is not to be lightly imposed upon mere words of recommendation and confidence (c). Sir William Grant, in reference to a particular case of trust by precatory words then before him,... | |
 | Law reports, digests, etc - 1912 - 1170 pages
...announced the following general principle as applicable in such cases: "In order," said the court, "to create a trust, It must appear that the words...upon mere words of recommendation and confidence." The foregoing rule was quoted with approval and followed In Sears v. Cunningham, 122 Mass. 538. In... | |
 | William Whitehead Ladd, Charles Fisk Beach (Jr.), Abraham Adolf Greenhoot - Law reports, digests, etc - 1886 - 652 pages
...a trust," says the Supreme Judicial Court of Massachusetts, in Hess v. Singler (114 Mass. 56, 59), "it must appear that the words were intended by the...upon mere words of recommendation and confidence." So, for example, it is held that no trust is to be implied from words in which the testator may be... | |
 | Law reports, digests, etc - 1904 - 1256 pages
...Interpretation of wills, the intention of the testator, as gathered from the whole will, controis tbe court In order to create a trust. It must appear that the...Intended by the testator to be imperative. And when the property is given absolutely and without restriction, a trust is not to be lightly imposed by mere... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1888 - 864 pages
...interpretation of wills, the intention of the testator, as gathered from the whole will, controls the court ; in order to create a trust, it must appear that the...upon mere words of recommendation and confidence." In the previous case of Warner v. Bates, 98 Mass. 274, 277, Chief Justice Bigelow vindicated the soundness... | |
 | Charles Fisk Beach (Jr.) - Wills - 1888 - 650 pages
...114, n. ; Blgelow's Hill on Trustees, 119. \ 219. Words assigning a reason do not raise a trust. — " In order to create a trust it must appear that the...lightly imposed upon mere words of recommendation and confidence."1 So, for example, it is held that no trust is implied from words in which the testator... | |
 | United States. Supreme Court - Law reports, digests, etc - 1888 - 864 pages
...enforcement, it is not invalidated by being called "precatory." Ib. 4. When property is given by will absolutely and without restriction, a trust is not...upon mere words of recommendation and confidence; but if the objects of the supposed trust are definite and the property clearly pointed out, if the... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1905 - 686 pages
...children are to be construed to carry out the intention of the testator, as gathered from the whole will. In order to create a trust, it must appear that the words used were intended to be imperative; and when property is given absolutely and without restriction,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1889 - 1172 pages
...recommendation that he will apply it to the benefit of others, may be held to create a trust, if it appear that the words were Intended by the testator to be imperative. 7. Held, further, that the trust sought to be established under this will is not Incapable of execution... | |
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... in order to create a trust, it must appear that the words were intended by the testator to be imperative ; and when property is given absolutely and without restriction, a trust is not to be lightly imposed, upon mere words of recommendation and confidence. 
