Definition

Adjective: 1. Expressing a request, entreaty, or wish, rather than a command: Used to describe words, phrases, or actions that have the nature of a plea or recommendation, not a binding order. It often implies a courteous or earnest appeal. 2. Having the character of a prayer or supplication: Pertaining to or expressing a humble or fervent request.

Usage

The word "precatory" is a formal, primarily legal and literary term. It is most commonly used to describe language in legal documents (like wills or trusts) or in formal speech that expresses a wish or recommendation but does not create a legal obligation. It distinguishes suggestive language from mandatory language.

Examples

• Legal Context:
  • The will contained a precatory clause expressing the testator's hope that the heir would care for the family home, but it did not legally require it.
  • The court ruled that the words "I wish" and "I desire" were merely precatory and did not impose a binding trust.
• General/Literary Context:
  • His letter was filled with precatory language, urging the council to reconsider its decision.
  • She made a precatory gesture, appealing for silence.

Advanced Usage

• Precatory Trust: In law, this is a trust created by words of wish, hope, or recommendation rather than by imperative words. Whether it becomes a legally enforceable trust depends on the court's interpretation of the settlor's intent.
  • The concept of a precatory trust hinges on whether the words used show a clear intention to create a duty.
• Precatory Words: Specific words or phrases that are interpreted as expressing a wish rather than a command (e.g., "I request that," "it is my hope," "I would like").
  • Lawyers carefully avoid precatory words when drafting binding contractual clauses.

Variants and Related Words

• Precatively (adverb): In a precatory manner.
  • He spoke precatively, asking for their cooperation.
• Precation (noun, archaic): The act of praying or entreating.
• Supplicatory: Making or expressing a plea, especially to someone in power. (Close synonym in tone, though not a direct variant).

Synonyms

• Supplicatory: Beseeching, imploring.
• Hortatory: Exhorting, encouraging (focuses on urging rather than pleading).
• Advisory: Giving advice, recommendatory.
• Non-mandatory: Not compulsory, optional.

Antonyms

• Imperative: Expressing a command; obligatory.
• Mandatory: Required by law or rule; compulsory.
• Peremptory: Insisting on immediate attention or obedience; dictatorial.

Notes on Meaning

The core distinction of "precatory" lies in its non-binding nature. In everyday language, it describes a polite or earnest request. In legal terminology, its precise interpretation is critical, as it determines whether a document creates an enforceable duty or merely expresses a hope. The word originates from the Latin precari, meaning 'to pray'.

Adjective

1. expressing entreaty or supplication
   • precatory overtures