Based on these circumstances, the court refused the probate the writing as a codicil because it was not manifest that the name on the document in question was intended as the decedents signature; further, the circuit court held, the writing is precatory
and tentative in nature.
Although Justice Breyer's concurrence attempts to clarify that this language is more mandatory than precatory
, (155) the limited precedential value of a concurrence limits its effectiveness.
than either to have no rules except those mandated by statute, or to have them framed in a mere precatory
The Harvard Shareholder Rights Project (SRP), a clinical program established at Harvard Law School to assist institutional investors in the submission of precatory
proposals to destagger the board, has contributed to board destaggering at around one hundred S&P 500 and Fortune companies in just three years.
Also, as per the final results the precatory
shareholder proposal requesting the board to take the necessary steps to declassify it, was not approved by a majority of outstanding votes.
Even while adopting the 2007 CJC, Delaware retained the 1972 precatory
standard of "should.
This is a generalization and is clearly not entirely accurate, as evidenced by the precatory
shareholder proposals on social, ethical, or environmental issues presented every year, the hundreds of "socially responsible" mutual funds that eschew tobacco, gambling, and certain other industries, and the consideration shown by pension funds to employee interests, just to name a few.
First, even if they do not purport formally to change legal requirements, nonenforcement policies that are overly definitive--policies framed in terms of categorical assurances rather than precatory
priorities--raise particular concerns about functional change in legal obligations.
express their wishes in a precatory
(that is, non-binding) way to these
McCulloch, as well as the ABA's Standards for Criminal Justice: Prosecution Function, which are merely precatory
and bind no one.
At best, the Standards for Criminal Practice are precatory
and aspirational, and prosecutors would be less likely to follow such nonbinding guidelines than to obey the first-tier authority in the state ethics codes based on the ABA Model Rules.
9) Sometimes language in a will is precatory