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The question is whether on true construction of the will the testator imposed a trust on his wife. He did not intend a trust, but was only placing a moral obligation upon her to use the money to provide for the children. Rather there was an intention for the property to be left to the wife as an absolute gift. Some of the older authorities went.. ⇒ It should be noted that s.22 is consistent with the decisions in both Comiskey v Bowring-Hanbury and Re Adams and the Kensington Vestry: in Re Adams, the gift in remainder was to the children, in which case the bequest fell within the terms of s.22 (i.e. the wife took an absolute gift and there was no obligation for her to dispose the.

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Pre- catory words, therefore, can create a trust, if the court is satisfied that the testator’s clear intention in using these words was to create one.4 However, the modem attitude to precatory words in the courts of the United Kingdom is to construe them with circumspection.’. In Re Adams and the Kensington Vestry,6 the Court of Appeal held.. the Court of Appeal of England in In re Adams and Kensington Vestry,’3 although London9 & South Western Ry. v. Gomm 14 had been decided but two years before and Lindley, L. J., took part in both decisions. In the later English case, one Ralph Adams was the lessee of a term for sixty years with an option to pur-chase. He died.