The Law of Trusts And Trustees, As Administered in England And America, Embracing the Common Law, Together With the Statute Laws of the Several States of the Union, And the Decisions of the Courts Thereon
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Offly, 1 Ch. Rep., 246; Harding v. Glynn, 1 Atk., 469; Mogridge v. Thackwell, 7 Ves., 36; Cruwys «. Colman, 9 Vea., 319; Mal- vin II. Keighley, 2 Ves. Jr., 333; Knight i>. Knight, 3 Beav. R., 148; Brown v. Higgs, 8 Ves., 570; Parsons v. Barker, 18 Ves., 476; Tibbits v. Tibbits, 19 Ves. ,655; Jac. Rep., 317; Massey », Sherman, Ambl. R., 520; Vernon v. Vernon, Aiubl. R., 4; Edes v. England, 2 Vern., 466; Nowlan V. Nelligan, 1 Bro. C. C, 489; Harland ii. Trigg, 1 Bro. C. C, 144; Pier- son V. Garne...t, 2 Bro. C. C, 38; Birch v. Wade, 3 V. & B., 198; Wright v. Atkins, 1 V. & B., 813; Lewin on Trusts, chap. 5, sec. 2, p. 77, etc., where authorities are collected; Steele ». Levisay, 1 Gratt., 454; Harrison V. Harrison, 2 Gratt., 1. AND WORDS OF RECOMMENDATION, ETC 225 should be presumed that the testator knew the dif- ference between a desire and a command, and used the language with reference thereto. It has been well said, that " the first case that construed words of recommendation into a command made a will for the testat6r, etc." ^ If the expressions used, when taken in connection with all the circumstances, only confer a power upon the donee, and leave him to do or not to do, to apply or not to apply the gift, ac- cording to the expressed wish of the testator, no trust will be created.
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