Quote#Speech
The Court is to pronounce according to the apparent intent of the…
Quote bySir Francis Buller, 1st Baronet · 1745–1800
Commonly attributed — not confirmed in an authoritative edition. Cited on Wikiquote to: Doe et dem. Dacre v. Dacre (1798), 2 Bos. & Pull 259..
English (original)
The Court is to pronounce according to the apparent intent of the testator, but that intent must be found in the words of the will, and is not to be collected by conjecture dehors the will.
— Sir Francis Buller, 1st Baronet
More from Sir Francis Buller, 1st Baronet
It seems to me that the argument of the defendant's counsel blows hot and cold at the same time.
Wherever a man neglects to take advantage of any defence which he has at the time, he waives it.
A casus omissus can in no case be supplied by a Court of law, for that would be to make laws.
Expressions used in particular cases are to be understood with relation to the subject-matter then before the Court.
All arguments on the hardship of a case, either on one side or the other, must be rejected, when we are pronouncing what the law is; for such arguments are only quicksands in the law, and, if indulged, will soon swallow up every principle …
The Court is at liberty to transpose and mould clauses and words in a will so as to make the whole take effect.