Shober Estate

Bolger, J.,

The first question involves one of the numerous recurrent vexing problems that plague will interpreters — so recurrent that they can well be termed standard. In making the gift to LeRoy Magee, did testatrix intend “to control and govern the conduct of the transferee with respect to the property, or to suggest and recommend the manner in which it should be used or disposed of, leaving its ultimate control and disposition entirely within his discretionary power? The test is, whether the precatory expression was used in a mandatory sense, though couched in a mild, polite, courteous…