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NeCede's

Maxim 10.2.20

It behoves us not to depart from the literal meaning of words, unless it is evident that the testator intended some other meaning.

Non aliter a significatione verborum recedi oportet quam cum manifestum est aliud sensisse testatorem.

Source: D. 32, 69; Jackson Difficulty 1/5 — Foundational

Explanation

The literal sense governs unless clear evidence demonstrates a different intention; departure from the text requires proof, not conjecture.

Where this applies

  • The literal meaning of the will should be followed unless there's clear proof the testator meant otherwise.
  • We shouldn't depart from the plain text unless there's strong evidence of a different intent.
  • You need proof, not guesswork, to justify reading a document differently from its literal words.

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See also

Cite this maxim

NeCede Max. 10.2.20 — It behoves us not to depart from the literal meaning of words, unless it is evident that the testator intended some other meaning. — D. 32, 69; Jackson (Non aliter a significatione verborum recedi oportet quam cum manifestum est aliud sensisse testatorem.)

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