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Shall

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

British Cases

Great care is to be employed in using or construing this word. Its various meanings range under two general classes according as it is used, as implying futurity; or as implying a mandate, or giving permission or direction.

Futurity

If something Is agreed to be done if or when something else "shall" happen, this contemplates futurity. Past occurrences will not satisfy the condition precedent. 3 Drew. 617; 25 L. J. Ch. 850; 27 L. T. O. S. 289; 29 L. J. Ch. 911; 7 W. E. 135; 5 Jur. N. S. 56. "Shall be born," in the absence of a context, are words of futurity; and, in a will, mean persons born after its date.

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