JB/081/110/001

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1829 March 30
Petitions

C 16
(1) (16

Supplement
§.3. Suits in pendency
Addenda

40
Class Suits for construction
of wills or
Deeds

1 Will
Rule for construction
1. Take for your guide
the intention of the
testator

2 Pay no regard to
former decisions

Class is the class composed of those such in which the
decision depends on the construction put upon Wills or Deed

1 Will
Principle is that of for the guidance of the construction this
satisfy yourself Take for your
guide a principle of the intention of the party
the testator. Accordingly

2 Pay no regard to former decisions on this subject: & for
construction put up passages regarded as similar

41
Reason for this rule
Evils of existing system
1. giving to dishonest
Judges the benefit of
the double fountain device
2 Giving perplexity to
both Judges

Reason for the rule. Of the existing rule a less hard
in the effect. Answer Giving to dishonest Judge the benefit
of the Double fountain Device of the as to which see Device IV.
&c. 2: Inviting an honest Judge in a state of insummountable
perplexity: stopped his decision stopt in its progress to
the two horns of the dilemma, or like the fabled asp blown to bales
of hay

42
Evidence of intention
admissible

But the true construction may still remain in the Deed for
want of extraneous evidence to clear it up. Shall Question. Shall
admission be given to such Evidence. Answer Why no. For in no
such exclusion or valid reason can be given does the nature of the case
afford. Take a given sum say £1,000 for the subject matter
of contestation. For putting a label to it in form of Notes or Chits
why not admit oral evidence in this case in which there is by the
supposition ready written evidence as well as in a case when there is none. In the When there is a such ready written evidence
is in existence, how in existence is a source of interpretation
for the oral, who , and a check upon and security
against false, against misdeeds and evidence. Take
not the and Inclined of being the worse to greed and reason
for the admission of the oral evidence is this: extraordinary case
still stronger than in the then ensuing case cases in which such admission
is now refused.

Identifier: | JB/081/110/001 "JB/" can not be assigned to a declared number type with value 81.
Date_1	1829-03-30	Marginal Summary Numbering	40-42
Box	081	Main Headings	petition for justice
Folio number	110	Info in main headings field	petitions
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / d16 / e16
Penner	jeremy bentham	Watermarks	street & co
Marginals	george bentham	Paper Producer	antonio alcala galiano
Corrections		Paper Produced in Year
Notes public		ID Number	25897
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