Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/397

 Ch. 23. 6., in a deed, if there be two claues o totally repugnant to each other, that they cannot tand together, the firt hall be received and the latter rejected : wherein it differs from a will; for there, of two uch repugnant claues the latter hall tand. Which is owing to the different natures of the two intruments; for the firt deed, and the lat will are always mot available in law. Yet in both caes we hould rather attempt to reconcile them.

7. a devie be mot favourably expounded, to purue if poible the will of the devior, who for want of advice or learning may have omitted the legal and proper phraes. And therefore many times the law dipenes with the want of words in devies, that are abolutely requiite in all other intruments. Thus a fee may be conveyed without words of inheritance ; and an etate-tail without words of procreation. By a will alo an etate may pas by mere implication, without any expres words to direct it's coure. As, where A devies lands to his heir at law, after the death of his wife; here, though no etate is given to the wife in expres terms, yet he hall have an etate for life by implication ; for the intent of the tetator is clearly to potpone the heir till after her death; and, if he does not take it, nobody ele can. So alo, where a devie is of black-acre to A and of white-acre to B in tail, and if they both die without iue, then to C in fee: here A and B have cros remainders by implication, and on the failure of either's iue, the other or his iue hall take the whole; and C's remainder over hall be potponed till the iue of both hall fail. But, to avoid confuion, no cros remainders are allowed between more than two deviees : and, in general, where any implications are allowed, they mut be uch as are neceary (or at leat highly probable) and not merely Rh