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Wish And Will

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

The words "it is my wish and will he shall give," &c., create a precatory trust to give, &c. Mc Ree V. Means, 34 Ala. 349. No recommendatory terms of a will expressing a " wish," " will," " desire," &c., are and what they are to take.

Lines v. Darden, 5 Fla. 51.

As to when the word wish, in a will, will be construed to create a trust, see Cook v. Ellington, 6 Jones Eg. 371.