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.
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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