Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 172

Cover Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 172
Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 172
Massachusetts. Supreme Judicial Court
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B. Durante for the defendants.
Morton, J. If the testator had intended to create a trust in favor of his children at his wife's death, there can be no doubt that he knew how to do it in clear and unmistakable terms, and it is almost inconceivable that, if such was his purpose, he Digitized by L:iOOQIC Mass.] ALDRIOH V. ALDRIOH. 108 should have expressed himself in the manner in which he has done.
There is no doubt that words of recommendation, or of confi- dence, entreaty, hope, or desire, have
... been held sufficient under some circumstances to create a trust. But, speaking generally, this was because in such cases such a construction was supposed to carry out the intention of the testator. If an arbitrary rule seems to have been laid down at one time in regard to what would constitute a precatory trust, there can be no doubt, we think, that the tendency of later decisions has been, if not to relax the rule thus laid down, at least not to extend it. Sess V. Singler, 114 Mass. 56. Lambe v.

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