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.
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
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