Interpretation
cum duo inter se pugantia reperiuntur in testament ultimum return est
cum duo inter se pugantia reperiuntur in testament ultimum return est
If in a Will there are two inconsistent provisions, the latter shall prevail over the earlier
If in a Will there are two inconsistent provisions, the latter shall prevail over the earlier
Words and Phrases - “cum duo inter se pugantia reperiuntur in testament ultimum return est” which means that if in a Will there are two inconsistent provisions, the latter shall prevail over the earlier (See : Hammond v. Treharne 1938 (3) All E R 308) 1995 SceJ 001.
Frankfurter Felix in Schulte Co. v. Gangi has stated that the policy of a statute should be drawn out of its terms as nourished by their proper environment and not like nitrogen out of the air. Benjamin N. Cardozo, in Hopkins Savings Assn. v. Cleary has opined that when a statute is reasonably susceptible of two interpretations, the Court has to prefer the meaning that preserves to the meaning that destroys.
2017 SCeJ 001