Animus

Lat. Mind; will; disposition; intention or design. Animo, (q. v.); with the intention or design. These terms are derived from the civil law.

Animus hominis est anima scripti

The intention of the party is the soul of the instrument.

3 Bulstr. 67. Pitman, Princ. & Surety, 26.

In order to give life or effect to an instrument, it is essential to look to the intention of the individual who executed it. Few maxims have been expressed in briefer and more comprehensive language than this; but its point and force, consisting in the use of animus and anima, in their appropriate senses, are lost in most of the translations which have been given of it. Animus cancellandi. L. Lat. The intention of cancelling. See Animo cancellandi. Animus donandi. Lat. The intention of giving. Non valet donatio nisi tam dantis quam accipientis concurrat mutuus consensus et voluntas; sc. quod donator habeat animum donandi, et donatorius animum recipiendi; a gift is not valid unless there be a concurrence of the mutual consent and will both of the giver and receiver; that is, the donor must have the intention of giving, and the donee the intention of receiving. Bract. fol.

15 b.

Animus furandi. Lat. The intention of stealing. The felonious intent or design, which is necessary to make the taking of the property of another, theft or larceny. Bract. fol.

150 b. 4 Bl. Com. 232. 4 Steph. Com. 157.

Animus lucrandi. Lat. The intention of gaining. See Animo lucrandi. Animus manendi. Lat. The intention of remaining; intention to establish a permanent residence.

1 Kent's Com. 76.

This is the point to be settled in determining the domicil or residence of a party. Id. ibid.

77.

See Animus revertendi. Animus republicandi. Lat. The intention of re-publishing.

1 Powell on Devises, 609.

Animus revertendi. Lat. The intention, or disposition of returning. A term employed in the civil law, in expressing the rule of ownership in tamed animals. In iis animalibus quae ex consuetudine abire et redire solent, talis regula comprobata est, ut eousque tua esse intelligantur, donec animum revertendi habeant: nam si revertendi animum habere desierint, etiam tua esse desinunt, et fiunt occupantium. Revertendi autem animum videntur desinere tunc, cum revertendi consuetudinem deseruerint; in respect to those animals which go away and return habitually, the rule is this; that they are considered as yours as long as they retain an inclination to return, but if they cease to have this inclination they cease to be yours, and become the property of any who may take them. And they may be supposed to cease to have the inclination of returning when they actually relinquish the habit of returning.

Inst. 2. 1. 15.

This rule is adopted by Bracton almost word for word, and has become a part of the modern common law. Bract. fol.

9 a. 7 Co. 16—18. Finch, Law, 176. 2 Kent's Com. 348.

This phrase is also applied to persons in modern law, in discussing questions of domicil.

1 Kent's Com. 78.

Animus revocandi. L. Lat. The intention of revoking. See Animo revocandi. Animus testandi. L. Lat. Intention of willing; intention or purpose to make a will. Worthington on Wills, prel. obs. Mind or capacity to make a will. Madmen, idiots, and persons born deaf, blind and dumb, are incapable of having animum testandi.

2 Bl. Com. 497.