New York Court of Appeals
Mary B. Phillips, as Executrix v. Albert C. Phillips, as Executors
January 15, 1889112 N.Y. 197
Summary
The New York Court of Appeals reversed the lower court, holding that the testator's conditional language created a binding trust requiring the executrix to pay the brother an annuity of $700 per year whenever she was financially able to do so without inconvenience. The court reasoned that precatory words can impose a charge when the intent is clear and definite.