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DESIRE Definition & Legal Meaning

Definition & Citations:

This term, used in a will in relation to the management and distribution ofproperty, has been interpreted by the courts with different shades of meaning, varyingfrom the mere expression of a preference to a positive command. See McMurry v. Stanley,09 Tex. 227, 0 S. W. 412; Stewart v. Stewart, G1 N. J. Eq. 25, 47 Atl. 633; In reMarti’s Estate, 132 Cal. 00G, 01 Pac. 904; Weber v. Bryant, 161 Mass. 400, 37 N. E.203; Appeal of City of Philadelphia, 112 Pa. 470, 4 Atl. 4; Meehan v. Brennan, 16 App.Div. 395. 45 N. Y. Supp. 57; Brasher v. Marsh, 15 Ohio St 111; Major v. Herndon, 78Ky. 123.

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