Demonstratio

A showing, pointing out: designation, description, demonstration, q.

V.

Falsa demonstratio non nocet

Erroneous description does not vitiate. Spoken of as the maxim falsa demonstratio. When an instrument contains an adequate description of a thing, with convenient certainty as to what was intended to be specifled, a subsequent erroneous reference or addition will not vitiate the instrument. This qualification is sometimes expressed by the phrase cum constat de corpore or de persona: when it comports with the subject-matter or with the person. ^ ' 2 Bl. Com. 106. s Butricki). TUton, 141 Mass. 94 (1886). ' F. dimettre, to put away, lay down: L. dismittere, demittere. « Stott V. Rutherford, 102 U. S. 109 (18r5), cases, Conrad V. Morehead, 89 N. C. 34 (1883). » Foster v. Peyser, 9 Cush. 246-47 (1852), cases; Me^ calf, J., quoting Parker, B., in Hart v. Windsor, 12 M. & W. 68 (1844); Wilkinson v. Clauson, 29 Minn. 93 (1882); 8 Ala. 320; 50 Conn. 509; 18 Mass. 201; 9 N. H. 219; 7 Wend. 210; 26 Mo. 112; 5 Whart. 278; 103 Pa. 472. " 5 Pet. 23-3 (1831); 7 T. E. 886. ' See Thomas v. Thomas, 6 Durnf. & E. 676 (1769), A false description, whether of subject-matter or parties, does not vitiate the instrument where the error appears upon its face and the waiting itself supplies the means of making the correction. ' Applied to a devise the rule means that if there be a sufficient description, with reasonable certainty of what was meant to pass, a subsequent erroneous addition will not vitiate the devise. The characteristic of cases within the rule is that the description as far as false applies to no subject at all, and as far as true applies to one only.^ The maxim is of universal application as far as it means that we may reject, as surplusage, u, false description not vital to the object of the controversy.* Falsa demonstratione legatnm non perimi. By erroneous description a legacy is not destroyed. A bequest is not to be held void because of inaccurate language used in speaking of it.* See further Demonstration, 2.