Skip to content
NeCede's

Maxim 5.4.17

A bequest is not rendered void by an erroneous description.

Source: Inst. 2, 20, 30; Broom, Max. 645; Weisman, 48g Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A bequest that incorrectly describes the thing given is not thereby voided — if the intended subject can be identified despite the error, the gift is upheld.

Where this applies

  • A will leaves "my diamond ring" to a niece, but the testator actually owned a sapphire ring — the court upholds the bequest because the intended item is identifiable despite the wrong description.
  • A grandfather's will bequeaths "the house on Elm Street" when the property is actually on Elm Avenue, but the gift is valid because the intended property is clear.
  • A testator leaves "my Ford truck" to his son, but he actually owns a Chevy truck — since there is only one truck, the court honors the bequest despite the error.

Legal domains

Cite this maxim

NeCede Max. 5.4.17 — A bequest is not rendered void by an erroneous description. — Inst. 2, 20, 30; Broom, Max. 645; Weisman, 48g

Found an error? Suggest a correction →