1. Precatory Language

2. Defined Serious request but not legally binding. Examples: “I hope”
“I would like”
“I recommend”
“I wish”

3. Ramifications 1. To restrict or limit gifts
“I leave my son $10,000 with the hope he uses the money to pay for his daughter’s law school education.”
Generally ineffective.

4. Ramifications 2. To instruct personal representative
“I would like my executor to serve without bond.”
Likely to be effective.

5. Kelley v. Martin (Tex. 1986) – p. 222
How do you think the court should have resolved this case?
Bill is a conditional beneficiary and entitled to receive the commission even though he did not sell the property.
Bill should have been hired to sell the land but since he wasn’t, he receives nothing.
The language is precatory and thus Bill is not entitled to be Wife’s real estate agent.

6. Recommendation