 | William Hayes - Conveyancing - 1835 - 616 pages
...carried no further than this; ami thus explained, it should be applied to this and all other wilit, Another undoubted rule of construction is, that every...except what the law makes it necessary to reject." Such must be the ultimate fate of all legal doctrines which, having no foundation in principle, are... | |
 | William Hayes - Conveyancing - 1840 - 668 pages
...technical words in their proper sense ; and so it is said by Lord Redesdale, in Jesson v. Wright (y). This doctrine of general and particular intent ought...except what the law makes it necessary to reject." " General and Such must be the ultimate fate of all legal doctrines which, 111 having no foundation... | |
 | Herbert Broom - Legal maxims - 1845 - 544 pages
...Deed*, &c. should be applied to all wills (0), in conjunction with the rule already considered, viz. that every part of that which the testator meant by...rejected, except what the law makes it necessary to reject (p). EXPRESSIO UNIU8 EST ExCLUSIO ALTERIUS. ( Co. Litt. 2 1 0. a.) — T7ie express mention of one... | |
 | Herbert Broom - Legal maxims - 1852 - 616 pages
...by the words he has used should be * carried into effect as far as the law will permit, but no L -I further ; and that no part should be rejected, except what the law makes it necessary to reject.2 EXPRESSIO CNIUS EST EXCLUSIO ALTERIUS. (Co. Litt. 210, a.) The express mention of one thing... | |
 | John Chipman Gray - Personal property - 1891 - 1022 pages
...seised thereof, with the sum of £2,000 in favor of the daughters, if any, of the said William Jordan. he has used, should be carried into effect as far...except what the law makes it necessary to reject." — .Per LORD DESMAN, CJ, in Doe A. Ga.ll.ini v. OiUlini, 5 B. & Ad. 621, 640 (1833). "Another rule... | |
 | Law reports, digests, etc - 1905 - 1018 pages
...perfectly clear that the testator did not mean to use the technical words in their proper sense. . . . This doctrine of general and particular intent ought...except what the law makes it necessary to reject. . . . This construction makes the least sacrifice of the testator's declared intention. It preserves... | |
 | Edward Beal - Law - 1908 - 766 pages
...expressed in other parts of the will." — Doe v. Raicding (1819), 2 B. & Aid. 441, at p. 448, Ahhott, CJ " Another undoubted rule of construction is, that every...except what the law makes it necessary to reject." — Doe. d. Oallini v. Gallini (1833), 5 B. & Ad. 621, at p. 641, Denman, CJ " If the general intention... | |
 | John Chipman Gray - Personal property - 1908 - 740 pages
...undoubted rule of construction is, tlmt every part of that which the testator meant by the words he lias used, should be carried into effect as far as the...except what the law makes it necessary to reject." — Per LORD DESM.VX, CJ, in Doe d. Qallirn v. Oallini, 5 B. & Ad. 621, 640 (1833). " Another rule... | |
 | Albert Martin Kales - Future interests - 1917 - 1496 pages
...v. Wright. Tills doc-trine of general 'and particular intent oUJjhl, to bte carried 110 1111'lllPr than this ; and thus explained, it should be applied...except what the law makes it necessary to reject." Per Lord Denman, CJ, in Doe d. Gallinl v. Gallini, 5 15. & Ad. C:>1, (UO (1833). "Another rule of construction... | |
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This doctrine of general and particular intent ought to be carried no further than this ; and thus explained, it should be applied to this and all other wills. Another undoubted rule of construction is, that every part of that which the testator meant... 