Kauffman v. Gries
141 Cal. 295 ·
Supreme Court of California · Filed
Published · citable
Holding
The court held that precatory language in a will—such as "desire" and "request"—does not create an enforceable trust unless the testator's intent to impose a mandatory obligation is clear and irresistibly forced by the context of the entire instrument.
Statutes construed
- CIV § 1324