Cum testamento annexo

L Lat. Withthe willannexed. A term applied to administration granted where a testator makes an incomplete will, without naming any executors, or where he names incapable persons, or where the executors named refuse toact. 2 Bl. Comm. 503, 504,

Lat. With the will annexed. A term applied to administration granted where a testator makes an incomplete will, without naming any executors, or where he names incapable persons, or where the executors named refuse to act. 2 Bl. Com. 503, 504. See Administration cum testamento annexo. Cam e*Blltc«tc u^mmtm Mi Ua* e»t ac«B« aam. A party making a voluntary confession is to be more mercifully dealt with. 4 Inst. 66. The word canfitente in this maxim is sometimes written confidents, leading to the erroneous translation: ** The behavior ou^ht to be kind to one confiding willingly.*^ Branch's Princ. Cam d«« later m pagaaatla Mpariaatar ia testaaie Btay altiaiaai raiaai eat. Where two things repugnant to each other are found in a will, the last shall stand. Co. Litt, 112 b. Shep. Touch, 451. It is an established rule in the construction of wills, that where two clauses or dispositions are totally irreconcilable, so that they caimot possibly stand together, the clause or disposition which is posterior in local position shall prevail; it bein^ considered that the subsequent words indicate a subsequent intention. 1 Powell on Devises, 358 — 360, note. 2 Aik, 372. C am par deliccaai «sC Aaaraai, aaaipar aaa. raftar petitar^ et aieliar kabetar paMCMaris caaaa. Where the fault of two parties is equal, the claimant always has the burden, and the party in possession is deemed to have the better case. Dig. 50. 17. 164. See la pari dcllciapaciar eat caaditia pawl* Cam 4aad.a#a aoa valet at a^a^ raleat ^aaatam valcre pateat When that which I do is of no effect as I do it, it shall have as much effect as it can; [i. e. in some other way.] 4 Kenfs Com. 493. Thus, if the form of a conveyance be an inadequate mode of giving effect to the intention of the party executing it, according to the letter of the instrument, it is to be construed under the assumption of another character, so as to give it effect. Id. ibid. In other words, when a deed cannot take effect according to the letter, it will be construed so as it may take some effect or other. Shep. Touch, ^by Preston,) 87. Id. 84. Hence the doctrme of cypres, (q. v.)