Those things which cannot be given, or which are not in existence, are held as not expressed.

Explanation

(English-origin maxim.) Provisions purporting to grant what cannot exist or what is not in being are treated as though they were never written — the law does not give effect to impossibilities.

Where this applies

• A contract promises to deliver a building that has already been destroyed by fire — the provision is treated as if it were never written, because the subject no longer exists.
• A will leaves a specific horse to a nephew, but the horse died before the testator — the bequest is treated as unexpressed because the thing bequeathed doesn't exist.
• A deed purports to convey mineral rights that the grantor had already sold to someone else — since the grantor has nothing left to give, the conveyance is a nullity.