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.