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NeCede's

Maxim 5.7.29

It must be shown by the most evident proofs that the testator intended to multiply the legacy.

Evidentissimis probationibus ostendatur testatorem multiplicasse legatum voluisse.

Source: Wharton, III-95 Difficulty 2/5 — Approachable

Explanation

It must be shown by the clearest evidence that a testator intended to multiply a legacy — the law does not presume duplicate bequests, and ambiguity is resolved in favor of a single gift.

Where this applies

  • A testator leaves $10,000 to his nephew in one paragraph and $10,000 to the same nephew in another paragraph — the court presumes only one gift was intended unless the clearest evidence shows he meant to give $20,000.
  • A will appears to leave the same piece of land to the same person in two separate clauses, and the court treats it as a single bequest absent overwhelming proof of intent to duplicate.
  • A grandmother's will mentions a cash gift to her granddaughter in two different sections, and the executor argues it was meant as one gift — the court agrees unless the family can show by the most evident proofs that she intended two separate gifts.

Legal domains

Cite this maxim

NeCede Max. 5.7.29 — It must be shown by the most evident proofs that the testator intended to multiply the legacy. — Wharton, III-95 (Evidentissimis probationibus ostendatur testatorem multiplicasse legatum voluisse.)

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