same in his judgment. I understand this request has no legal effect and rely wholly upon the confidence I have in my said nephew." George v. George (1904) 186 Mass. 75, 71 N. E. 85. No trust is created by a will by which the testatrix, who had been actively interested in the work carried on by the legatee, and knew that he kept the funds donated for the purpose of carrying on such work distinct from his personal funds, but without rendering an account to anyone, and that he made up any deficit himself, made a bequest to him "in confidence that he will use it in the prosecution of his work against the encroachments of the Roman Catholic Church upon our common-school system." Poor v. Bradbury (1907) 196 Mass. 207, 81 N. E. 882. No trust is created by a will by which the testator, after provision for his children, gave the balance of his estate to his wife, "to be hers and to be disposed of as she may think best. I have full confidence in my said wife, and have abiding faith that she will deal justly with our children and the descendants of them,"-since if such words should be construed as imperative, the whole purpose as indicated by the language used in reference to testator's wife to make independent provision for her would be defeated. Rector v. Alcorn (1906) 88 Miss. 788, 41 So. 370. A trust for an undefined purpose is created by a will in which the testator bequeathed property to John H. Reel "to apply to charity according to his best discretion," with the further provision: "I hope that Mr. Reel aforenamed will consent to act as my executor, and desire to save him all trouble and annoyance in that regard and have every confidence, good faith and discretion, and have explained to him to what charities I desire him to appropriate the monies herein bequeathed to him. It is my will that my said executor be held to no accountability whatever for the nonperformance or ill performance of the trust herein confided to him; he will use his best discretion in the matter." Schmucker v. Reel (1876) 61 Mo. 592. No trust is created by a will by which testator gave his wife all his property absolutely, stating: "I make no gift here to my children, having perfect confidence that my wife will, without any request on my part, and none such is here made, do best for them." Lemp v. Lemp (1915) 264 Mo. 533, 175 S. W. 618. No trust is created by a will by which the testator gave his entire estate to his wife, "having the fullest confidence in her capacity, judgment, discretion, and affection to properly bring up, educate, and provide for our children, and to manage and dispose of my said property in the best manner for their interest and her own." Hunt v. Hunt (1876) 11 Nev. 442. A trust was held to have been created in a case where a widow appointed her pastor as executor, and bequeathed to him her whole estate, but at the same time declared that, "placing special confidence" in him, she desired that he "should at his discretion appropriate a part of the income of my estate aforesaid, not exceeding $50 a year, to the support of . my sister's daughter [who was her heir at law] during her natural life, and it is my express direction that my executor place the aforesaid Margaret in some pious and Christian family in the country at a distance from this town, where she may be removed from temptation." Erickson v. Willard (1818) 1 N. H. 217. A trust is created by a will by which the trustee was directed to dispose of the residuary estate for the benefit and comfort of the brothers and sisters of testatrix, and further providing that, having entire confidence in the discretion of the trustee, he was to dispose of the fund for the benefit and comfort of the brothers and sisters as he might from time to time judge the testatrix would have done if she could have foreseen the circumstances. Portsmouth v. Shackford (1866) 46 N. H. 423. No trust is created by a will by which testator gave his residuary estate to his son "for the use and benefit of himself, of my daughter Mary... of my daughter Elizabeth in such proportions and at such times. and in such manner as he, my said son, . . . shall in his judgment and discretion deem proper, right, and advisable. By this provision I mean that I have full confidence in the ability, integrity, and sense of justice and fairness of my said son, and in his love for me and regard for my wishes, and I give him the legal title to all the property of which I shall die seised and possessed, and full discretion to use it for the benefit of himself and my other herein before-named children." Re Steiner (1909) 134 App. Div. 162, 118 N. Y. Supp. 833. No trust is created by a will by which testator gave to his wife his personal estate "absolutely; having full confidence that she will leave the surplus to be divided at her decease justly amongst my children." Re Pennock (1853) 20 Pa. 268, 59 Am. Dec. 718, overruling earlier decisions upon the same will in Coates's Appeal (1845) 2 Pa. St. 129, and McKonkey's Appeal (1850) 13 Pa. 253. An intent to create a trust is evidenced by a will in which testator gave all his property to a certain person, "her heirs and assigns forever, she knowing full well my wishes, and I having confidence that she will carry them out." Fickes's Estate (1915) 59 Pa. Super. Ct. 535. No intention to create a trust is manifested by a testator who, after making a will in which he gave all his estate to his wife, wrote on the third page of the same sheet the statement: "Be it known to whom it may concern that, in willing all my estate, real and personal, in favor of my wife, Catherine, I do it with the fullest confidence (that should she survive me) she will carry my intentions as to the ultimate distribution of it into effect, .. so far as, in her opinion, my children and grandchildren respectively may prove worthy of her attention." Bowlby v. Thunder (1884) 105 Pa. 173. No obligation is imposed by a will in which the testatrix devised to a sister all of her real estate "absolutely and in fee simple, with the full confidence that the disposition which she 49 A.L.R.-4. shall make of it at her death will be that which I myself make in the event of my surviving her, as hereinafter set forth." Donaldson's Estate (1892) 11 Pa. Co. Ct. 311, 1 Pa. Dist. R. 235. No trust is created by a will in which testator gave his wife all his estate, "feeling entire confidence that she will use it judiciously for the benefit of herself and our children." Lesesne v. Witte (1875) 5 S. C. 450. No trust is created by a conveyance of property by an aged woman by deed absolute to one of her sons, in full confidence that on her death such son would "make proper adjustment" of her relation to her other children, "leaving such adjustment solely and exclusively" to such son, without any interference by any of the other children. Lanigan v. Miles (1918) 102 Wash. 82, 172 Pac. 894. An intention to use precatory words in an imperative sense is negatived where the testator expressly states that he has given his wife the whole of his estate "unfettered and unlimited, in full confidence and with the firmest persuasion that in her future disposition and distribution thereof she will distinguish the heirs of my late father, by devising and bequeathing the whole of my said estate, together and entire, to such of my said father's heirs as she may think best deserves her preference." Heneage v. Andover (1822) 10 Price, 230, 147 Eng. Reprint, 297. In Podmore v. Gunning (1836) 7 Sim. 644, 58 Eng. Reprint, 985, it was observed that the words, "having a perfect confidence she will act up to those views which I have communicated to her in the ultimate disposal of my property after her decease," do not necessarily imply that some absolute direction was given to her as to the disposition of the property, but are consistent with the testator having given either some absolute direction or some general recommendation, leaving it to the donee's discretion to act upon it or not. A life estate, with power of appointment among the children, is given by a will in which the testator gave all his property to his wife, her heirs, execu tors, administrators or assigns, to and for her sole use and benefit, "in full confidence that she, my said wife, will in every respect appropriate and apply the same unto and for the benefit of all my children." Ware v. Mallard (1851) 16 Jur. (Eng.) 492. The indefinite terms in which the subject-matter was described was held to evince an intention not to create a trust by a will in which testatrix gave the residue of her personalty and all her realty to a certain person, "his heirs, executors, administrators, and assigns forever, for his own use and benefit, as I have full confidence in him that, if he should die without lawful issue, he will, after providing for his widow during her life, leave the bulk of my said residuary estate unto" certain persons named. Palmer v. Simmonds (1854) 2 Drew. 221, 61 Eng. Reprint, 704. No trust is created by a will in which testator gave his property to his widow, "to and for her own use and benefit absolutely, having full confidence in her sufficient and judicious provision for my dear children." Fox v. Fox (1859) 27 Beav. 301, 54 Eng. Reprint, 118. Any intention to create a trust which might be inferred from a bequest to executors "in confidence that they will distribute and dispose of the same as I may by memorandum or otherwise direct or request" is negatived by a second codicil, stating: "I am sure that my executors will do according to what they consider right and what is customary. . . . These wishes written by myself, and only concern the interest of my executors, will, I feel sure, be quite sufficient for them to fulfil all herein named, but will perhaps be more correct if I sign my name in the presence of two witnesses who are also in the presence of each other." Shepherd v. Nottidge (1862) 2 Johns. & H. 766, 70 Eng. Reprint, 1268. A trust in favor of testator's children is created by a will giving the residue of testator's personal estate to his wife "for her own absolute use and benefit, in the fullest confidence that she would dispose of the same for the benefit of her children, according to the best exercise of her judgment and as family circumstances might require." Shovelton v. Shovelton (1863) 32 Beav. 143, 55 Eng. Reprint, 56. Under a will giving property "to the absolute use of my dear wife, Harriet Smith, her heirs, executors, administrators, and assigns, in full confidence that she will do what is right as to the disposal thereof between my children, either in her lifetime or by her will after her decease," the widow is entitled to an estate for life and the children have no present interest. The court declined to make any declaration as to their future rights. Smith v. Gibson (1872) 20 Week. Rep. (Eng.) 88. A trust in favor of testator's heir at law upon the death of the testator's daughter without issue is created by a devise to such daughter, "confiding in her, my said daughter, that she will not alienate or transfer my said estate from my nearest family." Griffiths v. Evan (1842) 11 L. J. Ch. N. S. (Eng.) 219. A trust is created by a gift to testator's widow of all his property "for her sole use and benefit, in the full confidence that she will so bestow it on her decease to my children in a just and equitable spirit, and in such manner and way as she feels would meet with my full approval." Le Marchant v. Le Marchant (1874) L. R. 18 Eq. (Eng.) 414. In Curnick v. Tucker (1874) L. R. 17 Eq. (Eng.) 320, the widow was held to take an estate for life, with a trust imposed on the property in favor of the children, with a power of disposition between or amongst them as she might think best, rather than an absolute interest, by a will in which the testator gave her property "for her sole use and benefit in the full confidence that she will so dispose of it amongst all her children both during her lifetime and at her decease, doing equal justice to each and all of them." This case was disapproved in Re Adams (1883) L. R. 24 Ch. Div. (Eng.) 199. No trust is created by a gift to testator's widow of the whole of his real and personal property, "feeling confident that she will act justly to our children in dividing the same when no longer required by her." Mussoorie Bank v. Raynor (1882) L. R. 7 App. Cas. (Eng.) 321. An absolute interest is given to the widow by a will in which testator gave all his property to his wife "absolutely, with full power for her to dispose of the same as she may think fit for the benefit of my family, having full confidence that she will do so." Re Hutchinson (1878) L. R. 8 Ch. Div. (Eng.) 540. No trust is created by a will in which testator gave all his real and personal estate "unto and to the absolute use of my wife, Harriet Smith, her heirs, executors, administrators, and assigns, in full confidence that she will do what is right as to the disposal thereof between my children, either in her lifetime or by will after her decease." Re Adams (1884) L. R. 27 Ch. Div. (Eng.) 394. No trust is imposed by a will in which testator gave, subject to a specific bequest of his books and instruments, the residue of his estate to his wife, "her heirs, executors, administrators, and assigns, absolutely, in the fullest confidence that she will carry out my wishes in the following particulars, namely, that she pays the premiums due and to become due during her life in respect of a policy for £1,000 on her own life . . . and that she by her will leaves the moneys to become due and payable under such policy and also the moneys to become payable at my death in respect of a certain policy on my life for £300 .. to my daughter Lucy, and, in case she survives my said wife, in trust for her sole and separate use." Re Williams [1897] 2 Ch. (Eng.) 12. No trust is created by a will in which testator gave his wife the whole of his property "absolutely, in full confidence that she will make such use of it as I should have made myself, and that at her death she will devise it to such one or more of my nieces as she may think fit; and, in default of any disposition by her thereof by her will or testament, I hereby direct that all my estate and property acquired by her under this my will shall at her death be equally divided among the surviving said nieces;" it being the testator's evident intention to give the widow absolute dominion over the property. Re Hanbury [1904] 1 Ch. (Eng.) 415. No trust is imposed by a will in which testator devised certain property to his wife "for her own absolute use, but in perfect confidence that she will, by her will or otherwise, dispose of the same upon her death in favor of my nephew." Re Lovett (1912) 132 L. T. Jo. (Eng.) 297. No precatory trust for the benefit of testator's children is created by a will devising property to his wife, "well knowing her sense of justice and love to her family, and feel perfect confidence that she will manage the same to the best advantage for the benefit of her children." Greene v. Greene (1869) Ir. Rep. 3 Eq. 90. No trust is created by a bequest to one of property "to be disposed of by him as to him may appear just, having every confidence he will act fairly and in accordance with my wishes." Creagh v. Murphy (1873) Ir. Rep. 7 Eq. 182. m. "Desire," or "desiring." See also "Expect and desire;" "Will and desire;" "Wish and desire." According to the ordinary use of the English language, the word "desire" does not import a trust or charge. Re Marti (1901) 132 Cal. 666, 61 Pac. 964, 64 Pac. 1071. In Re Oldfield [1904] 1 Ch. (Eng.) 549, it was said by Kekewich, J., that in common parlance a desire carries no obligation except a moral one, and that to desire a person to do a thing is entirely different from telling him to do it. While the desire of a testator for the disposition of his estate will be construed as a command when ad dressed to his executor, it will not, when addressed to his legatee, be con strued as a limitation of the estate or interest which he has given to him in absolute terms. Re Marti (Cal.) supra. No trust is created by the following No trust is created by the following No precatory trust is created by a According to the ordinary use of the No precatory trust is created by a residuary bequest to a son of the testa tor, accompanied by the words "save and except I desire that he pay out of said property to Miss Cora McGarvey the sum of $200 and to Miss Edith Johns the sum of $200." Re Browne (1917) 175 Cal. 361, 165 Pac. 960. The ordinary use of the word "desire" does not import a trust or charge as addressed to a legatee or devisee, such expression falling short of a command or direction. Re Sowash (1923) 62 Cal. App. 512, 217 Pac. 123. No trust is created by the provision, "It is my desire, also, that my wife, with . . . the interest she will receive on the moneys invested in registered government bonds, will provide and keep a good and comfortable home for my two sons and herself, and that she will use every endeavor to give them a good education," where he also confided to her the discretion to divide and apportion to them from time to time as she might see fit the property "herein bequeathed to her." Van Gorder v. Smith (1885) 99 Ind. 404. No precatory trust is created by a provision following an absolute devise: "It is my desire that the business be so conducted that all of our children or their heirs shall finally share equally in the distribution of our property. I would advise that the said Nancy Adamson shall at some suitable time call to her counsel two or three good discreet men to assist her in making a proper and equitable division of the real estate as well as other property that she may think proper among all the children aforesaid, retaining, however, if she choose so to do, the title and possession of said property to herself until after her death. Nothing in the above shall be construed to affect a perfect and indefeasible title to her, the said Nancy Adamson, which this will conveys to her, to all the said property, both real and personal, with a right to control, sell, and convey the same at her pleasure." Lumpkin v. Rodgers (1900) 155 Ind. 285. The absolute title created by a gift of personal property to testator's wife, "without any condition whatever . to have, hold, and enjoy and dispose of as she sees fit during her |