Brief Fact Summary. Testator died leaving a will directing her sister to dispose of the property “as already agreed between us.” Appellants contend this language is an invalid attempt to create an express trust.
Synopsis of Rule of Law. No trust is created by precatory language that does not show a testamentary intent to impose a legal obligation on the legatee to dispose of the property in a specific manner.
Issue. Whether the language “to be disposed of as already agreed between us” is sufficient to establish an intent to create an express trust that fails for indefiniteness and thus a resulting trust arises in favor of Mr. Spicer?
Held. Yes. Affirmed. The language used by the testator is precatory and there is not sufficient extrinsic evidence to show an intent of the testator to impose a legal obligation on the disposition of the property.
It is enough if, having the property he conveys it to another in trust, or, the property being personal, if he unequivocally declares, either orally or in writing, that he holds it in praesenti in trust, or as a trustee for another.View Full Point of Law