No trust is created by a will by which testator devised and bequeathed to his wife certain real and personal property, adding: "And at her decease what remains I wish to be equally divided between" certain persons, the latter provision being inconsistent with the absolute title given the wife. Taylor v. Brown (1895) 88 Me. 56, 33 Atl: 664.

An intention to create a trust is manifested by the following provision: "I give, devise, and bequeath my property of whatever kind to Isabel C. Harmon to divide as seems to her best, as I have told her my wishes in the matter;" but such trust is too indefinite and uncertain to be executed. Fitzsimmons v. Harmon (1911) 108 Me. 456, 37 L.R.A. (N.S.) 400, 81 Atl. 667.

No trust is created by a gift of residuary estate to the husband of the testatrix "absolutely," with the words, "and this I do because of the love I bear him and the confidence I have in his judgment, discretion, and honor, and I do intrust my dear child to his care and guardianship, knowing his loving tenderness and sound judgment will insure the well-being of my child so far as lies in his father's power; and it is my wish that my dear husband shall so arrange his affairs that at his death whatever may remain of the said rest, residue, and remainder of my estate shall go to my son if he be then living, or, if he be not living, to his issue if any such there be, share and share alike, or, if neither my son nor any of his issue survive my husband, then to such of my relatives as my husband may appoint." Nunn v. O'Brien (1896) 83 Md. 198, 34 Atl. 244.

No trust is created by a will by which testatrix gave her residuary estate to her children absolutely, share

and share alike, adding: “I express the wish that my children shall continue to live together as they now do, and use the income of my property for their support until the expiration of said ten years from my death." Clark v. Clark (1904) 99 Md. 356, 58 Atl. 24.

No trust is created by a will by which testator devised and bequeathed his whole estate to his wife "in her own name and for her own purposes, with only this condition,-that, on the marriage of my daughter Catherine to William Gray, Jr., I gave her by deed through him 2 acres of land considered as good as any I had, and that I wish at the death of my wife, Catherine, that she should make an equal division of her estate to such children as shall survive her or their representatives, and out of the portion that shall come to Catherine to deduct the value of 2 acres at as high a valuation as any there is," where the estate of the testator consisted mainly of unimproved land, heavily taxed, yielding little income, which would be of no benefit to the wife unless she had the power of disposing of the land through her life. Sears v. Cunningham (1877) 122 Mass. 538.

The following provision in a will: "Wishing to contribute my mite toward suppressing the Rebellion and restoring the Union, I give and devise the rest and residue of my estate . . . to the United States of America," -was held not to define or limit the purposes to which the property might be applied by the devisee. Dickson v. United States (1878) 125 Mass. 311, 28 Am. Rep. 230.

A trust is created by a will in which testator bequeathed to the trustees of an academy a sum of money, adding: "The annual income of which sum I wish to be expended in paying the tuition of such poor boys in said town of Epsom of good moral character as may be recommended from time to time to the trustees of said academy by a majority of the board of selectmen." Pembroke Academy v. Epsom School Dist. (1910) 75 N. H. 408, 37 L.R.A (N.S.) 646, 75 Atl. 100.

An intention of the testator to give the property to his wife in trust for

herself and children during her widowhood is manifested by a will in which he gave her all his property "to be disposed of in such manner as she may think proper for the benefit of the family, it is my wish that my youngest daughters . . shall have an education equal to my daughter Phoebe, and my two sons [naming them] to be educated and fully prepared to enter college or the study of a profession, but, provided either of them should not choose to have such an education, the one who does not to be made equal in property to the expense of educating the other, in which case the mother is to be judge, or, in case of her decease, my executors whom I shall appoint. After the children arrive at age, I leave it discretionary with Susan, my loving wife, what donation to make them out of the property, and, in case of her decease or marriage, to be left with the executors whom I shall hereafter name, but in every respect I wish them made as near equal as can be." Ward v. Peloubet (1855) 10 N. J. Eq. 304.

No trust is created by a will which provides: "I give and bequeath unto my beloved wife, Margaret, all my estate, real and personal, wheresoever situate, for her use and enjoyment during the term of her natural life, and after her death it is my wish, unless she shall have earlier divided the same or disposed of it by will, that the same shall be equally divided among my children, part and part alike," any advancement made to any one of them to be deducted from the share of such one. "It is my wish that my wife should sell and dispose in her lifetime of just so much of the real estate that I may die seised of as may be necessary to pay debts and to raise the necessary means on which she and my children who may choose to make a home with her may economically and plainly live, and no more, though that is a matter of discretion with her and my children, who I hope will seriously and carefully advise her." Hoxsey v. Hoxsey (1883) 37 N. J. Eq. 21.

A trust is created by a will in which testator, who had no children and whose wife had a considerable estate

of her own, gave her the whole of his property, naming her as executrix, and then proceeded: "If she find it always convenient to pay my sister Caroline Buck the sum of $300 a year and also to give my brother Edwin W. during his life the interest on $10,000 (or $700 per year), I wish it to be done." Phillips v. Phillips (1889) 112 N. Y. 197, 8 Am. St. Rep. 737, 19 N. E. 411.

An intention to create a trust is evinced by a will by which testator gave his residuary estate to certain persons or the survivors of them, adding: "And it is my wish that such persons apply the said rest, residue, and remainder of my estate and property to the creation of some charitable or educational institution in the city of New York." Rothschild v. Schiff (1907) 188 N. Y. 327, 80 N. E. 1030.

No trust is created by a will in which testatrix, after giving a residue of her estate to certain persons, went on to say: "This bequest and devise I make absolute in order that there may be no legal or technical difficulty or embarrassment in effecting the end I desire, and having entire confidence that those four gentlemen will, although under no legal obligation so to do, observe my wishes; and my wish is (although this is not to be taken as a legal direction) that my residuary estate so bequeathed and devised and any proceeds thereof shall" be applied in a certain way. Bowker v. Wells (1885) 2 How. Pr. N. S. (N. Y.) 150.

No trust is created by a will by which testatrix, who had given certain legacies to benevolent and religious institutions, which she anticipated might fail because of her impending death within a month after the execution of the will, said: "If for any reason any legacy or legacies left by my will shall lapse or fail or for any cause not take effect in whole or in part, I give and bequeath the amount which shall lapse, fail, or not take effect, absolutely to the persons named as my executors. In the use of the same I am satisfied that they will follow what they believe to be my wishes. I impose upon them, however, no conditions, leaving the same to

them personally and absolutely, and without limitation or restriction." Edson v. Bartow (1895) 15 Misc. 179, 37 N. Y. Supp. 99.

No trust is created by a will in which testatrix gave the residue of her estate to the trustees of a church by the words, "it being my wish that said trustees will be guided in the distribution of such income by the officers of the Ladies Sewing Society connected with said church." First Presby. Church v. McKallor (1898) 35 App. Div. 98, 54 N. Y. Supp. 740.

In Cook v. Ellington (1863) 59 N. C. (6 Jones, Eq.) 371, a trust enforceable in equity was held to be created by the provision of a will by which testator gave his wife all his negroes and their increase, together with all cash on hand and due on bonds and notes, adding: "And my wish is that at her. death she will give the one half of all I give her and the increase of my negroes to my brother" and another person named. This conclusion is based on the fact that the subjectmatter of the trust is certain, the object of testator's bounty plainly described, and his "wish" plainly expressed; and it was also said to be sustained by the general frame of the will, by which testator divided his property into three classes, although he gave all of it to his widow, giving his land to her for life, with remainder at her death to his brother John, his perishable property to her absolutely, and his negroes and money by the provision above stated, showing clearly that he intended the negroes and money to be in a middle state, not given for life and still not given absolutely, but given subject to a trust in favor of his brother and sister as to one half after her death, in respect of which nothing was left to her discretion or her inclinations or her wishes. Such construction was further confirmed by a codicil in which testator took pains to remove a difficulty which he supposed might arise as to the increase of the negroes, and said that he did not mean that his wife should give all the increase of the negroes to his brother and sister, but only the one half of the increase;

treating it not as a matter left to her discretion or inclination, but as the subject of a trust which he had created in favor of his brother and sister, and which consequently he chose to relieve from all doubt and obscurity.

No intention to create a trust is manifested by a letter accompanying a will by which testator gave all his property to his sister, which letter stated: "To my sister Alice,-When you are made acquainted with the contents of this will, it is my wish that you make a will immediately and leave all of your property to our nephew John M. Springs. Should you marry afterwards, you can then tear up the will. My object is to have my property given to you first, but, should you die without children, I wish you to leave your property to Johnny Springs." Springs v. Springs (1921) 182 N. C. 484, 109 S. E. 839.

Mandatory effect is to be given to the phrase "I wish" in a will by which testator gave his wife all his estate, adding: "She at no time to give or bequeath any portion of said estate out of my family, as at her decease I wish my estate which remains to go to my nephews and nieces which may be living at that time." Fox's Appeal (1882) 99 Pa. 382.

Only precatory force is to be given to the provisions of a will by which testator, after devising to his sisters an equal moiety as tenants in common during their lives of certain property, with remainder to the survivor of them, her heirs, and assigns forever, went on to say: "It is my earnest wish that the whole of the property in Radnor should form together one plantation, and that none of it, therefore, be sold or divided. It is my earnest wish, also, that it should be bequeathed by those who succeed me by will in the same spirit that now actuates me, namely, that while there may be a division of the interest, there shall be none of the principal.

join in them, and I humbly trust in Divine Providence for their guidance in fulfilling them." Chew v. Chew (1920) 266 Pa. 526, 109 Atl. 799.

A trust is established by the following provisions: "It is my wish that my son David shall take especial charge of, maintain, and support my brother Edward Busby during his, the said Edward's life. . . It is my wish that my homestead and 559 acres of land, with the improvements thereunto attached as mentioned in item first, shall be set apart to my son David." Busby v. Lynn (1872) 37 Tex. 151.

A direction or recommendation, rather than a direct trust, is imported by a will in which testator gave his entire property to his wife, adding: "And it is my wish that the said Mary shall at such times as she shall deem it advisable, and after using all the property she may wish for her own comfort and support, provide for the distribution of all my property to our children in a manner that may be just and equal between them, having regard to such as may have received property from my property and other circumstances which should have an influence in the distribution of the property which I shall have at my decease." Van Amee v. Jackson (1862) 35 Vt. 173.

Where a testator, having a large estate the income of which would suffice to provide for his wife and the support and education of his children, and whose wife was of such an age as to render it probable that she might marry again, made a will in which he gave and bequeathed to his wife all his property and estate, adding: "It is my wish that such property and estate above devised, or so much thereof as my said wife may be possessed of at her decease, shall go to or be by her given to our child or children if any there be then living,"-it was held that in view of the circumstances, including the fact that no other provision was made for his infant children, that the will should be construed as giving the property to the widow for life, with remainder over to such of testator's children as should survive

her, and making her a trustee of the property so far as required to effect that purpose. Swarthout v. Swarthout (1901) 111 Wis. 102, 86 N. W. 558.

No trust is created by a will in which a testator, having a wife twenty-three years younger than himself, and two daughters, both of whom were married and in comfortable circumstances, devised to his wife a farm, subject to the payment of certain legacies, and also gave her various personal property and the residue of his estate "to have and to hold the same unto the said Elizabeth L. Sowards forever," adding: "It is my wish that my said wife, Elizabeth L. Sowards, will so arrange her affairs that whatever property may be left at her death, the same will be divided as near equally as possible between my said daughters." Conlin v. Sowards (1906) 129 Wis. 320, 109 N. W. 91.

No trust in favor of the children of the testator is created by a will in which the testator gave all the property of which he should be possessed at his decease, except such as might otherwise be disposed of, to his wife, appointing her executrix, and stating: "And my reason for so doing is the constant abuse of trustees which I daily witness among men; at the same time trusting she will, from the love she bears to me and our dear children, so husband and take care of what property there may be for their good; and, should she marry again, . then I wish she may convey to trustees, in the most secure manner possible, what property she may then possess, for the benefit of the children as they may severally need or deserve, taking justice and affection for her guide;" it being evident that the wife was given an unfettered discretion. Pope v. Pope (1839) 10 Sim. 1, 59 Eng. Reprint, 512.

No trust is created by the terms of a codicil by which testator, who by his will had given personal property to his wife absolutely for her own use and benefit, stated: "It is my wish that you should enjoy everything in my power to give, using your judgment as to where to dispose of it amongst your children when you can

no longer enjoy it yourself; but I should be unhappy if I thought it possible that anyone not of your family should be the better for what I feel confident you will so well direct the disposal of." Williams v. Williams (1851) 1 Sim. N. S. 358, 61 Eng. Reprint, 139.

No trust is created by a letter which operates as a testamentary instrument, addressed to testator's nephew, to whom he had given a remainder interest in his estate, in which he said: "It is my wish that you should have some one nephew (son of Henry or George should either of them marry and have male offspring) educated as a physician, and that you bequeath to such nephew being so educated all or the greater part of the property, the interest of which I now bequeath to your dear aunt and after her to yourself. . . . Knowing your honorable character and your high integrity, I feel that I need not add another syllable to induce you to act according to my last wish as herein expressed." Re Pinkard (1858) 4 Jur. N. S. (Eng.) 1041 - C. A.

A gift to testator's widow in trust for herself and her children is made by a will in which testator states: "It is my dying wish that the property which I now bequeath to my wife shall be used as to her seemeth best for her own and her children's welfare." Godfrey v. Godfrey (1863) 8 L. T. N. S. (Eng.) 200.

No trust is created by a will leaving all the testator's property to his executor, to whom he wrote a letter denoting how he wished some of the money to be given, but leaving it to the executor "as he might think best;" and also containing this sentence, "I do not wish you to act strictly to the foregoing instructions, but leave it entirely to your own good judgment to do as you think I would if living and as the parties are deserving, and as it is not my wish that you should say anything about this document there cannot be any fault found with you by any of the parties should you not act in strict accordance with it." McCormick v. Grogan (1869) L. R. 4 H. L. (Eng.) 82.

No binding obligation to settle the property devised is created by a devise of property to a single woman, with a declaration or wish that, if she should marry, she would before marriage settle it to her separate use for life and to such uses as she should by will appoint. Teasdale v. Braithwaite (1877) L. R. 5 Ch. Div. (Eng.) 630 — C. A.

No trust in favor of testator's children is created by a will in which testator gave his wife the whole of his property "for her sole use and benefit" adding: "It is my wish that whatever property my wife might possess at her death be equally divided between my children" since, the widow having the right to spend the whole of the property, there could be no trust affecting it. Parnall v. Parnall (1878) L. R. 9 Ch. Div. (Eng.) 97.

No intention to create a trust is evidenced by a will by which testatrix bequeathed and appointed to her two nieces a certain sum of money, adding: "And I wish them to bequeath the same equally between the families of my nephew and my niece

in such mode as they shall consider right." Re Hamilton [1895] 2 Ch. (Eng.) 370.

A trust is created where a testatrix by her will gave Colonel Russell a legacy of a stated amount, and declared that, if he should die in her lifetime leaving issue, then she gave the legacy to his children or child who should survive her, and by codicil provided: "I wish Colonel Russell to use £1,000, part of the legacy given to him by my above will, for the endowment in his own name of a cot in the Ipswich and East Suffolk Hospital, and to retain the balance of the said legacy for his own use and benefit;" and made a subsequent codicil as follows: "I wish Colonel Russell, after endowing a cot as provided by the first codicil, to use the balance of the legacy given to him by my will for such charitable purposes as he shall in his absolute discretion think fit." Re Burley [19107 1 Ch. (Eng.) 215.

No trust is created by a will containing the following bequest: "To my father, if living at my death, and if not to my younger sister, I bequeath