Implication

An inference of something not directly declared, but arising from what is admitted or expressed. See terms defined under "Implied."

An inference of something not directly dc'clared, but arising from what is admitted or expressed. It may be founded upon either of two grounds: It may arise from an elliptical form of expre.ssion which involves and implies something else as contemplated by the person using the expression; or upon the form of the gift, or upon a direction to do something which cannot be carried into effect without of necessity Involving something else... which is a consequence necessarily resulting from that direction; Ix)rd Westbury, in 11 H. L. Cas. 143. In order to prevent a will from failing of effect altogether, a gift will be implied if there be anything to designate the person to take; Thomas v. Thomas, j Rawle (Pa.) 112. It is but another term for meaning and intention apparent In the writing on judicial Inspection; Rhode Island v. Massachusetts, 12 Pet (U. S.) 657, 9 L. Ed. 1233, cited in Lake Michigan Car Ferry Tran.sp. Co. v. Crosby, 107 Fed. 724; North Point Consol. Irr. Co. v. Canal Co., 14 Utah 164, 46 Pac. 824. See Contract; Deed; Basement; Intbbpretation; Wat; Wii.i» Intention In regard to the sabject-matter Is not manifested by explicit and direct words, but is gathered by implication or necessary deduction from the circumstances, the general language, or the conduct of the parties. See lupucATioN.

Intendment or Inference, as distinguished from the actual expression of a thing in words. In a wlll, an estate may pass by mere implication, without any express words to direct Its course. 2 Bl. Comm. 381. An inference of something not directly declared, but arising from what is admitted or expressed. In construing a will conj'ecture must not be taken for implication; but necessary implication means, not natural necessity, but so strong a probability of intention that an intention contrary to that which is imputed to the testator cannot be supposed. 1 Ves. & B. 466. "Implication" is also used in the sense of "inference;" i. e., where the existence of an intention is inferred from acts not done for the sole purpose of communicating it, but for some other purpose. Sweet.

— Necessary implication. In construing a will, necessary implication means not natural necessity, but so strong a probability of intention that an intention contrary to that which is imputed to the testator cannot be supposed. Wilkinson v. Adam, 1 Ves. & B. 466; Gilbert v. Craddock, 67 Kan. 346, 72 Pac. 869; Whitfield v. Garris, 134 N. C. 24, 45 S. E. 904.

Intendment or inference, as distinguished from actual expression in words.

Intendment or T= ence, as distinguished from the actual expression of a thing in words. Ina will, an estate may pass by mere tmplication, withont any express words to direct its course. 2 Bl. Comm. 381. An inference of something not directly declared, but arising from what is admitted or expressed. In construing a will conjecture must uct be taken for implication; but necessary implication means, not natural necessity, but se strong a probability of intention that an intention contrary to that which is imputed to the testator cannot be supposed. 1 Ves. & B. 466. “Tmplication” is also used in the sense of “inference;” @ ¢,, where the existence of an intention is inferred from acts not done for the sole purpose of communicating it, but for some other purpose. Sweet.

An inference of something, not directly declared, but arising from what is admitted or expressed. ^ Implied. Infolded: involved in language or intention; resting upon inference; imputed in law.s Opposed, expressed, constructive, qq. V. Where it is the duty of a defendant to do an act, the law imputes a promise to fulfill that obligation.' See Assumpsit. What is clearly implied in a statute, pleading, contract, will, or other instrument, is as much a part of it as what is expressed." See Incident.