Estate of Richet

The clause of the will to be construed is as follows:

The question to be determined in this matter is whether or not the words of the will do or do not create a trust for the payment of a monthly pension to testator’s sister. After granting all the residue of his estate to his wife, testator uses these words: , “It is my wish that my wife pay a monthly pension of ten dollars to my sister. ’ ’

If these words created a trust, there is no doubt that the sister is entitled to the monthly pension.

Precatory words as defined by Bouvier are expressions in a will praying or requesting that a thing be done. Burrill says that they are words of entreaty, request, desire or recommendation employed in wills as distinguished from direct and imperative words. Such words when addressed to a devisee or legatee will make him a trustee for the person in whose favor they are used, provided the testator has pointed out with sufficient certainty both the object and subject matter of the intended trust: See Harrison v. Harrison, 2 Gratt. 1 , 44 Am. Dec. 365 .

In Bohon v. Barrett, 79 Ky. 378 , the court, speaking of precatory trusts, says: “His (the testator’s) wishes and desires as to the…