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.
Legal domains
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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