Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    Such a strong probability that an intention to the contrary cannot be supposed. See 7 Watts & S. (Pa.) 2S4.

  • Black's Law Dictionary: 2nd Edition

    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.