| 释义 |
precatory words
Words that accompany a gift of property in a document, hoping, desiring, trusting, or requesting that the donee will dispose of the property in a particular way. It is often difficult to decide whether there is sufficient certainty of intention to create a trust (precatory trust) or whether the property is an absolute gift to the recipient. The courts have tended to construe gifts so as not to create a trust, unless there is no doubt that a trust was intended (Lambe v Eames (1871) 6 Ch App 597; Re Adams & Kensington Vestry (1884) 27 ChD 394). However, precatory words may create a trust when, after construing the disposition in its context, it appears that a mandatory obligation is intended (Comiskey v Bowring-Hanbury [1905] AC 84; (HL)). |