Precatory - sustany/dvg GitHub Wiki

Precatory means recommended, expected, or expressing a hope or wish. Precatory expressions are commonly used in wills and trust and are not binding. Examples of precatory words include �wish,� �want,� �desire,� �ask,� �request,� and �should.� In contrast, mandatory words direct, command, or require something to be done.

An example of precatory language used in a will can be seen in Dwyer v. Allyn where the testator�s will read: �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 held this language �to be merely an expression of her hope rather than a straightforward command,� and thus the beneficiaries were not prohibited from partitioning the land.�