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Simple English definitions for legal terms
precatory
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A quick definition of precatory:
Precatory means expressing a wish or hope, but it is not a command. It is like asking someone to do something, but they don't have to do it. Words like "wish," "want," and "request" are examples of precatory words. This is often used in wills and trusts, but it is not binding. For example, if someone says "I hope my house is not sold," it is a precatory statement, and it does not mean the house cannot be sold.
A more thorough explanation:
Definition: Precatory means expressing a hope or wish, but not a requirement or command. It is often used in wills and trusts, and is not legally binding. Precatory words include "wish," "want," "desire," "ask," "request," and "should."
For example, in the case of Dwyer v. Allyn, the testator's will stated: "It is my desire that said real estate not be sold or divided among my children or grandchildren for so long as any one or more of my children shall live." The court ruled that this language was not a command, but simply an expression of the testator's hope, and therefore the beneficiaries were not prohibited from dividing the land.
Another example of precatory language might be a parent saying to their child, "I hope you will always remember to be kind to others." This is not a requirement or command, but simply a wish or hope.