Brief Fact Summary. Plaintiff alleges that a clause in her sister’s will should be construed as mandatory. Defendants appeal a ruling of summary judgment for the Plaintiff contending that their mother’s will only expressed precatory language that they pay the Plaintiff.
Synopsis of Rule of Law. Determinations of whether a particular word will be construed as precatory or mandatory will be made by looking at the intent of the testator as found in the context of the will and surrounding circumstances.
In its ordinary or natural meaning the word request is precatory and not mandatory.View Full Point of Law