The Principles of the Law of Evidence : With Elementary Rules for Conducting the Examination And Cross-Examination of Witnesses

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Comm. 23. (/) /rf. 29 ; 11 Co. 51 a; 13 Co. 21 a.
(a) 3 Blackat. Comm. 107 ; 4 Inat. 134. (7) Palm. 354. See also 3 Co. 36 a ; 2 (b) 3 Blackst. Comm. 43. Rol, 502 ; 9 Exch. 45.
(c) Voet. ad. Pand. lib. 22, tit. 3, n. 19. (A) Co. Litt. 150 a.
(d) 3 Blackst. Comm. 43; Co. Litt. 150 (i) Co. Litt. 265 b ; 3 Co. 29 b.
a; 10 Co. 40 a; 11 Co. 51 a.
1 For an American case, see Low v. Little, 17 Johns. 346, aco.
PAET II.J MODE OF PROOF. 291 § 312. Secondly, it is said to be a rule that the matter assume
...d as true must be something physically possible {k). " Lex non inten- dit aliquid impossibile " {I). " Lex non cogit ad impossibilia " (m).
" Nulla impossibilia sunt praesumenda " (n). Thus, says Huberus, where a man devises his property, on condition that the devisee shall do a certain act within a limited time after the death of the devisor, until that time has expired with the condition unperformed, the deceased cannot be said to have died intestate; because the condition, when performed, has a retrospective effect to the time of the death.


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