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NeCede's

Maxim 12.5.10

Surplusage does not spoil the remaining part if that is good in itself.

Source: Dyer, 392; Broom, Max. 627; Weisman, 41d Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Unnecessary or excess language in an instrument does not invalidate the operative provisions — if the essential clauses are sound, the surplusage is simply disregarded.

Where this applies

  • A will contains a valid bequest of the family farm to the eldest son, followed by a rambling paragraph about the testator's childhood memories — the surplusage doesn't affect the valid bequest.
  • A contract's operative payment terms are clear, but an extra clause restates them in slightly different words — the redundant clause is treated as surplusage and ignored.
  • A deed includes unnecessary recitals about the history of the property's ownership chain, but the granting clause is perfectly valid — the surplus language does not spoil the conveyance.

Legal domains

Cite this maxim

NeCede Max. 12.5.10 — Surplusage does not spoil the remaining part if that is good in itself. — Dyer, 392; Broom, Max. 627; Weisman, 41d

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