What are precatory words?
: words of recommendation, request, entreaty, wish, or expectation employed in legal instruments (as wills) and often resulting in no effective gift or rights being created.
What is doctrine of Cypres in family law?
‘ The doctrine of cypress is a principle of the English law of trusts. Under this doctrine, a trust is executed, or carried out as nearly as possible, according to the objects laid down in it.
What do you understand by doctrine of Cypress?
Cy pres doctrine is a legal concept that gives courts the power to interpret the terms of a will, gift, or charitable trust. This doctrine will become active if the intended wishes or conditions of the original document cannot be carried out, be legitimately interpreted literally, or legally performed.
What are precatory words in trust law?
Words that express a wish or a desire rather than a clear command. Words in at trust document (such as a will) that appear to express a wish or a desire rather than a clear command direction to the trustee.
What is a Nudum Praeceptum?
(b) a disposition contained in it is a nudum praeceptum (unenforceable promise), illegal, against public policy (for example a condition which aims to break-up a marriage or is discriminatory), impossible, uncertain or subject to an unfulfilled condition.
What is doctrine of election?
The doctrine of election is a common law rule of equity that requires that if a testator attempts to dispose of property belonging to someone else and also makes a devise to that person, the beneficiary must choose between either keeping the property or accepting the devise.
What is the doctrine of Ademption?
The general rule of ademption states that when a property mentioned in a will is no longer in the estate’s possession, the property or its cash equivalent is not passed to the beneficiary. When this occurs, the property is considered adeemed. Ademption laws vary from state to state.
How do you prove certainty of intentions?
Certainty of intention: it must be clear that the testator intends to create a trust. Certainty of subject matter: it must be clear what property is part of the trust and property, including sum of money, cannot be separated. Certainty of objects: it must be clear who the beneficiaries (objects) are.
When does the court use the cy pres doctrine?
When the original objective of the settlor or the testator became impossible, impracticable, or illegal to perform, the cy-près doctrine allows the court to amend the terms of the charitable trust as closely as possible to the original intention of the testator or settlor to prevent the trust from failing.
Where does the term ” doctrine ” come from?
But today a doctrine can come from many other sources. Old and established legal principles are called legal doctrine. Traditional psychiatrists still follow the doctrines of Sigmund Freud. Communist doctrine in the 1920s and ʼ30s was often the teachings of Lenin, which were then regarded in the Soviet Union as almost sacred.
What is the definition of prayer in the Bible?
Definition . Prayer is the act of asking God to do what he has already promised to do, which is modeled throughout the Bible by the patriarchs, the psalmists, the prophets, Jesus, and the apostles.
Which is the best definition of Catholic doctrine?
1a : a principle or position or the body of principles in a branch of knowledge or system of belief : dogma Catholic doctrine.