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necessary implication

Defined in 2 dictionaries — Case Law, Black's (1910)

Definitions from Case Law

From 75 U.S. 276 - Hudson Canal Co. v. Pennsylvania Coal Co. · 1868Most cited · 92 citing opinions

Undoubtedly necessary implication is as much a part of an instrument as if that which is so implied was plainly expressed, but omissions or defects in written instruments cannot be supplied by virtue of that rule unless the implication results from the language employed in the instrument, or is indispensable to carry the intention of the parties into effect

Show all 2 Supreme Court definitions and how they changed over time 1863–1868

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

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.

Defined under Implication in Black's Law Dictionary.