b. "Advise." A trust is created where testator appointed one "sole executor of this my will, and after my death do advise him to settle it upon himself and his issue male." Parker v. Bolton (1836) 5 L. J. Ch. N. S. (Eng.) 98. c. "Allow." A trust in favor of testator's widow is created by a will by which he devised his plantation to his son Henry with the declaration, "and I also allow my son Henry to give her a support off the plantation during her lifetime." Hunter v. Stembridge (1852) 12 Ga. 192. d. "Ask." A letter written to testator's wife, to whom he had given his residuary estate absolutely and in fee simple, in which he said: "All I ask when you go, you will not leave all to yours; but that you will share some of it with Ellen," was held, even if regarded as part of the will, not to be so mandatory as to create a trust. Thruston v. Prather (1903) 25 Ky. L. Rep. 1137, 77 S. W. 354. e. "Assume." No trust is created by a will by which testator gave to his two younger sons all his estate in fee simple, with the words: "In making this disposition of my property I assume: First, that if my dear wife shall survive me (which does not seem probable) my said sons will take pleasure in providing for all her wants; second, that my eldest son, John B. Treat, will understand and appreciate my reasons for giving whatever property I may have at my decease to his younger brothers; and, third, that they on their part will not fail to do for him and his family all that in the circumstances the truest fraternal regard may require them to do." Rose v. Porter (1886) 141 Mass. 309, 5 N. E. 641. 1. "Beg." A trust is created by a bequest of certain property to testator's sister, with the words: "And I beg she will apportion between the above-named [persons]; and as my nephew John Corbet has a less secure position in life than his brothers, to him such portion or portions as she shall see fit. I would also wish that she should have power to give some small amounts for charity, especially to Daniel Laffin's family, etc. These are my desires on these matters, should death overtake me on the journey." Corbet v. Corbet (1873) Ir. Rep. 7 Eq. 456. g. "Beg and request." No trust is created by a will by which testator gave his wife certain real estate to and for her sole use and benefit, adding: "And I beg and request that at her death she will give and bequeath the same in such shares as she shall think proper unto such members of her own family as she shall think most deserving of the same." He then bequeathed to her his money in the funds for her sole and separate use and benefit, adding: "And I beg and request that at her death she will give and bequeath what shall be remaining in such sums as she shall think proper unto such members of her own and my family that she shall think most deserving and entitled to the same;" and thereafter made a codicil by which he bequeathed in terms his residue to his wife. Green v. Marsden (1853) 1 Drew. 646, 61 Eng. Reprint, 598. h. "Being well assured." No trust for the testator's children is created by a gift of a share of his property to his wife, "being well assured that she will husband the means that may be left to her by me with every prudence and care, for the sake of herself and any children that I may leave by her." Scott v. Key (1865) 35 Beav. 291, 55 Eng. Reprint, 907. i. "Belief," "believe," and "believing." See also "Desire and believe;" "Hoping and believing;" "Trusting and believing." No trust is imposed by a will in which testator provided that, in case a preceding gift of his residuary estate for a charitable purpose should fail to take effect, such residuary estate should go to certain persons and the survivor of them, absolutely and in fee, adding: "And this devise and bequest is in the confident belief that they will apply my estate and property so vesting in them in accordance with my wishes, but it is intended to be unconditional and free from any legal trust or obligation qualifying their absolute title." Re Havens (1888) 6 Dem. 456, 2 N. Y. Supp. 639. A trust in favor of testator's children is created by a devise to one "in the full belief that she will so dispose thereof by deed, will, or otherwise that at her decease the whole may be equally divided between" such children. Fordham v. Speight (1875) 23 Week. Rep. (Eng.) 782. ute of Distributions in this state; and, in the event of her death as my widow, she may direct by writing the selection of three intelligent and disinterested friends . . who shall make such equal and just division of all my property or estate remaining in her hands, bringing into view and account all previous advancements." Fellowes v. Durfey (1913) 163 N. C. 305, 79 S. E. 621. A binding obligation was held to be imposed by a will by which testator directed the formation of a corporation, to be known as the "E. Henry Wemme Endowment Fund," for the purpose of holding and managing certain real property, and for the purpose of conducting a maternity home for unfortunate or wayward girls, and directed that all the capital stock of said endowment fund be transferred to certain Christian Science churches, "to be theirs forever for their own respective uses and benefit, without any charge or trust reserved to my estate of whatsoever kind or nature," adding: "I hope-however, this is not directory, but merely a suggestionthat the maternity home constructed as hereinbefore provided shall be continued by said corporation, E. Henry Wemme Endowment Fund, perpetually and forever, but I do not make this binding upon said Church of Christ Science, or upon said E. Henry Wemme Endowment Fund, a corporation, for the reason that I have implicit faith and confidence in the Church of Christ Science, and believe that they will be perpetual, and I realize the inability of one now living to determine what in the future might be the greatest need and benefit to suffering humanity, and therefore I have given absolutely and without reservation all of the stock of said corporation of said E. Henry Wemine Endowment Fund, to said Church of Christ Science, believing that they will expend the rents, issues, and profits and all the proceeds of the said E. Henry Wemme Endowment Fund in a manner so as to create the greatest relief for the greatest number of suffering humanity." Wemme v. First Church of Christ (1924) 110 Or. 179, 219 Pac. No intention to create a trust is manifested by a will in which testator gave his wife all his estate, stating: "I desire that my wife shall take, hold, and own, just as now I hold and own or shall hold and own at the day of my death; I declare her interest in my estate, real and personal, shall be as absolute as my own, and not be considered or taken as a trust, technically so called, to be enforced by the judgment or decree of any court other than her own conscience, judgment, and affection shall prompt her to so regard it. In thus bestowing on my dear wife, Florence, all that I am worth, I wish my children to understand that in so doing I act upon the best convictions of my judgment and from knowledge of their mother's affection, love, and interest in the welfare, comfort, and happiness of each and all of our children, and in the belief that thereby I best protect and control them, and that she will from time to time as her judgment, sense of justice, and duty shall, in her own will, direct, and as the necessities and wants of our children shall require, make to them such advancements in cash or property as she shall think best and proper. . . Should my wife marry again, then it is my will that my wife and children shall select three disinterested friends . . . who shall make an equal and just division of my property between her and all of our children or their legal representatives, as if made under the Stat 618, mandate denied in (1924) 110 Or. 214, 223 Pac. 250. No trust is created by a will in which testator gave his residuary estate to his wife, "believing that she will manage it judiciously, and perfectly satisfied that she will make a fair distribution of it among our children at her death." Cheston v. Cheston (1899) 89 Md. 465, 43 Atl. 768. A wife takes subject to a trust for herself and testator's next of kin under a will by which her husband gave her his residuary estate, adding: "Which said last-named legacy I give my said wife in good faith, believing that she will make a will and thereby distribute so much of the latter named legacy among my near relatives as she may not use for comfortable maintenance, and it is my will that my said wife shall make such distribution." Cox v. Wills (1892) 49 N. J. Eq. 573, 25 Atl. 938, affirming on this point (1891) 49 N. J. Eq. 130, 22 Atl. 794. No trust in favor of the children is imposed upon the life estate given to testator's wife by a will in which he directed that certain property "shall continue in the possession of my beloved wife during her life, believing she will make use of it to the best advantage for the benefit of our children as well as her own comfort." McCreary v. Burns (1882) 17 S. C. 45. An intention that the widow at her death should distribute the property equitably amongst the children is manifested by a will in which testator gave his wife all his estate, "believing that she will make an equitable distribution of the property at her death among our children, as she knows better than any other person what part they, each of them, have already received." Anderson v. McCullough (1859) 3 Head (Tenn.) 614. Only precatory effect is to be given to the provision in a will in which testator, in giving his residuary estate to his wife, said: "Believing she will do justice between her relatives and mine at her death." Hill v. Page (1895) – Tenn., 36 S. W. 735. j. "Charge." No trust is created by a bequest to a certain society, by the words, "which society I charge with the duty of faithfully applying this legacy according to their wisdom and judgment" in furtherance of a certain purpose, which was one of the purposes of the society. Pierce v. Phelps (1902) 75 Conn. 83, 52 Atl. 612. A trust is created by a will in which testator, having a wife and family and a married daughter by a former marriage, gave his wife all his property "for her natural life, subject to the limitations and charges hereinafter fixed," and, after provisions for his family by his second wife, stated: "Should my daughter Mrs. Mary Patterson become dependent and in need, I charge my wife out of the body of my estate to extend her such aid as the income in justice to herself and the other dependent members of my family. enables her to do, but not to exceed the sum of three hundred dollars ($300) per annum." Patterson v. Humphries (1911) 101 Miss. 831, 58 So. 772. No trust or charge is created by the following provision: "I charge my sons out of the estate respectively coming to them under the terms of the foregoing will to make provision for such of my sisters as shall survive me, during their lives, in the same manner as I have provided for them during my life." Re Kollstede (1923) 120 Misc. 533, 199 N. Y. Supp. 901. k. "Conjure." An intention that the testator's wife should take absolutely unencumbered by any trust is evidenced by a will in which testator, after expressing an intention to make a suitable provision for his wife "as well as for my daughter and grandchild respectively," stated: "In order to manifest the deep affection and unbounded confidence I have and entertain toward my dear wife, Elizabeth Bridges, such as I know she will feel for me, and believing that she will be actuated by the most paternal regard towards our child, I hereby intend to mark such confidence accordingly; now, there fore, I do hereby give and bequeath relying upon her attachment to our daughter and grandchild;" and further stated that he had manifested his entire confidence in his wife by giving her "the sovereign control over the whole of my property for her sole use and benefit," although he further stated: "I nevertheless earnestly conjure her under the advice of my executors to proceed forthwith to make ample provision by deed or will for our only child and granddaughter." Winch v. Brutton (1844) 14 Sim. 379, 60 Eng. Reprint, 404. 1. "Confident," "confidence," or "confiding." See also "Faith and confidence;" "Trust and confidence." Although the words "in the full confidence" will not necessarily create a trust in a case where a different intent is clearly indicated, they are nevertheless strong and significant to show that such was the purpose of the testatrix, when taken in connection with other facts and circumstances which have a like tendency. Warner v. Bates (1867) 98 Mass. 274. In Comiskey v. Bowring-Hanbury [1905] A. C. (Eng.) 84-H. L., it is said that the words "in full confidence" are neutral, being words which may or may not create a trust, and that whether they do so or not must be determined by the context of the particular will in which they are found. A trust in favor of testator's daughters is created by a will by which a testator devised all of his large estate "subject to the limitation herein set forth" to his sons, with the further provision: "Having full confidence in my sons aforesaid and in their disposition to deal justly and liberally, I leave it to them to make proper and suitable provision for their sisters.' Cockrill v. Armstrong (1876) 31 Ark. 580. A trust in favor of the brothers and sisters and their children is created by a devise of residuary estate to testa tor's brothers, who were his executors, "with full confidence that they will settle my estate according to this my will, and that they will dispose of the residue and remainder that may remain in their hands among our brothers and sisters and their children as they shall judge shall be most in need of the same; this to be done according to their best discretion." Bull v. Bull (1830) 8 Conn. 47, 20 Am. Dec. 86. A trust the purposes of which are not declared is created by a will by which testator gave a friend the entire estate, stating: "Having the utmost confidence in my long tried friend William Fraley that he will entirely carry out my wishes and desires as they may be expressed by me either verbally or in writing; and well knowing that my friend will by this will be able much more effectually to dispose of my estate as I wish it done." Ingram v. Fraley (1859) 29 Ga. 553. No trust is created by a will in which the testator, who had given his wife all his property, added: "I have full confidence in my beloved wife, Mary, that she will do what is best and proper with my effects, and that she would do with my property the same as I would wish to have done,-that she will take care of the proceeds. She is, by this gift, free from all restraint to do as may seem to her best and proper." Giles v. Anslow (1889) 128 III. 187, 21 N. E. 225. A provision for the husband of testatrix, enforceable in equity, is created by a will containing the following provision: "My nephew Thomas H. Morrison and his wife have been taking care of my husband in my absence, and I feel that from this time both my husband and myself depend more and more upon the care of said Thomas H. Morrison and his wife, and, feeling confident that my trust in them is well placed, and that in case my husband should survive me that my said nephew will see that he is taken care of, I therefore give, devise, and bequeath all my estate after payment of my debts to my nephew Thomas H. Morrison." Kirchner V. Morrison (1926) 320 III. 236, 150 N. E. 690. A trust is created by a will by which a testator, who had considerable property, bequeathed a thousand dollars to his aged and infirm brother and gave the residue of his estate to his wife, stating: "Having and reposing implicit confidence in the goodness and kindness of my dear wife, I rely upon her to make all needful provisions for the future wants of my brother." Blanchard v. Chapman (1887) 22 III. App. 341. A hope expressed in a letter to the testator's wife informing her that she was the sole beneficiary of the will, that his indebtedness might not sweep away the estate and leave the wife without support during her life, without means to help his children from time to time as they might need it, and without something which she might at the end give to his children, and confidence that she may so help his children from time to time, and finally, "what is left, give to all the children alike,"-were held not to create a trust in favor of the children. Orth v. Orth (1895) 145 Ind. 184, 32 L.R.A. 298, 57 Am. St. Rep. 185, 42 N. E. 227, 44 N. E. 17. Notwithstanding the element of uncertainty as to the subject of the bequest over, a trust is created by a will by which testator gave a share of the residue to a daughter for life, "with full power to her to use, expend, or appropriate any part or all of the same for her own use, only and as to the portion that may remain thereof at her death I give, devise, and bequeath the same to her brothers, share and share alike, the child or children of a deceased brother to take the share which its or their father surviving her would have received. And I make this provision for her with tender and affectionate solicitude for her comfort and well-being through life, and with full confidence in her ability and conscientious sense of duty; but mindful of the experience of the past, I solemnly enjoin her to hold this as a trust, and at once, with the aid of competent counsel, by her will properly executed, so to arrange her affairs that my wishes herein indicated may be carried out." McClernan v. McClernan (1890) 73 Md. 283, 20 Atl. 908. A trust is created in favor of the children of testatrix, who lived with them and her husband in her house as one family, the maintenance of which was chiefly defrayed from her income under his management, by a will by which she gave, upon the death of her husband, one half of her estate to the son and the other half in trust for the daughters, and meanwhile gave her husband for life the use and income of the estate, "in the full confidence that he will, as he has heretofore done, continue to give and afford my children such protection, comfort, and support as they or either of them may stand in need of;" the objects of the trust being distinctly named, the nature and extent of the trust clearly stated and defined, and it appearing that the children had no property of their own so that otherwise they would be without support during the lifetime of the husband and testatrix. Warner v. Bates (1867) 98 Mass. 274. No trust is created by a will by which testator stated: "I give all my estate to my said wife to the end that she may be able to maintain a home for herself, and one where she can receive all our dear children as we have been accustomed to do during our joint lives. I am confident she will manage with good discretion and fidelity what is committed to her, and that, when she shall no longer need the property, it will be equally divided among all our children or their representatives." Aldrich v. Aldrich (1898) 172 Mass. 101, 51 N. E. 449. No trust in property devised and bequeathed to a nephew of the testatrix who had come to live with her, and who had taken care of her property on a promise from her that she would give him by will the principal portion of her estate, is imposed by the statement in the will: "I make this disposition of my estate as I have heretofore expressed to my said nephew my desires concerning the division and disposition of my estate, and I have full confidence that he will respect my wishes and will carry them out so far as possible. I request him to make testamentary disposition of such portion of my estate as may call for the |