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fore, I do hereby give and bequeath unto my said dear wife" all testator's property "for her own use, benefit, and disposal absolutely, . . implicitly 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 Ill. 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 i̇nfirm 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

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.

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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

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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...

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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

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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

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