... arise with use of precatory words, ie those expressing a 'hope' or desire' that the donee will hold a gift for another. These have sometimes been held sufficient to create a trust; however, the attitude of the courts over time has changed. In Lamb v Eames the testator gave the estate to his widow 'to be at her disposal in any way she thinks best for the benefit of herself and her family. It was held that this did not create a trust and she took absolutely. Re Adams and The Kensington Vestry followed Lambe v Eames. The court held that a trust could not be imposed by the use of precatory words. The testator had imposed a moral obligation upon his wife which not legally enforceable. It can be seen however, in Comiskey v Bowring-Hanbury where the House of Lords held that in looking for certainty or words or ...

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