JB/028/123/004

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20)

Common Law.

till communicated, is not a promise. Now of the promises
or dispositions contained in a will no communication
is made till after death. The expectation therefore that may
be raised by a prior testamentary disposition, is at the
same instant destroy'd by a repugnant subsequent one.
It is otherwise with a promise or disposition made
[in any one's favour] to take effect during lifetime.

The instant it is communicated an expectation is raised,
and that expectation if disappointed, turns into a pain
of the same sort nearly as taht which a man feels
when deprived of a any valuable which he has been accustomed
to treat and look upon as his own. This being
the case to give effect to a subsequent contrary disposition
would be in every case to give produce a
pain of the sort that has been mentioned; and at the
long run, to destroy all that confidence which by
the help of law men have learnt to place in another's
engagements. But is it so with respect to two
clauses in the same deed? in the same instrument of disposition?
by no means. The case is here precisely
the same as between two wills. The expectation produced
by the 1st clause is no sooner raised, than it is demolished
by the 2d.

To this effect seems to be the decision of plain sense,
but the pleasure variety of displaying legal astutia dictated
a different one. For it is but lately, very lately that
Lawyers have weaned themselves from the [persuasion] concert

Identifier: | JB/028/123/004 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering
Box	028	Main Headings	comment on the commentaries
Folio number	123	Info in main headings field	common law
Image	004	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b17 f17 / e18 / b19 f19 / e20
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia with shield emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9388
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