Conditional Gift or Precatory Request?

What is the effect of a statement in a will that the testator’s children tithe their testamentary gifts to their church?  Is this a conditional gift (e.g., you must give 10% of your gift to the church as a condition to receiving the gift) or is it merely a precatory (non-binding) request?

Most likely, this is only a request, not a conditional gift, and thus is not binding.  If the parent wanted to be certain the church was benefited upon death, the parent could easily have included the church as a beneficiary.

See Randy Cohen, The Ethicist — Bequest Request, NY Times, April 3, 2009.

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.