DESIRE

Definition of DESIRE in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.

Definition of DESIRE

To ask, to request. Fossett v. State, 34 Okl.Cr. 106, 245 P. 668, 669. Ordinarily, to wish for more or less earnestly. Woods v. Postal Telegraph-Cable Co., 205 Ala. 236, 87 So. 681, 684, 27 A.L.R. 834. Sometimes, to empower or authorize. Walters' Guardian v. Ransdell, 218 Ky. 267, 291 S.W. 399, 400. According to context or circumstances, the word may import a request or even a demand. Cleveland Clinic Foundation v. Humphrys, C.C.A.Ohio, 97 F.2d 849, 857, 121 A. L.R. 163.

This term, used in a will in relation to the management and distribution of property, has been interpreted by the courts with different shades of meaning, varying from the mere expression of a preference to a positive command. See In re Bearinger's Estate, 336 Pa. 253, 9 A.2d 342, 343; Beakey v. Knutson, 90 Or. 574, 174 P. 1149, 1150.

The word "desire" may be as effective as if the word "devise" or "bequeath" Rad been used. Drinkard v. Hughes, Tex.Civ.App., 32 S.W.2d 935, 936.

The word "desire," in a will, raises a trust, where the objects of that desire are specified; Vandyck v. Van Beuren, 1 Cai. (N.Y.) 84.

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