Brinn v. . Brinn

What is the estate of the widow in the property of the testator ? Is such estate as she took impressed with a trust % These are the questions presented to us for determination.

Formerly the rule in England was that whenever property was given, coupled with expressions of “request, desire or recommendation,” that the person to whom it is given will use or dispose of the same for the benefit of another, the donee will be considered a trustee for the purpose indicated by the donor. This was so held, even when the language of the gift, unaccompanied by the words of “request,” etc., was absolute in…