Nonsense

That which in a written agreement or will is unintelligible,

That which in a written be so construed that the whole, if possible, shall stand. When a matter is written grammatically right, but it is unintelligible and the whole makes nonsense, some words cannot be rejected to make sense of the rest; 1 Salk. 324; but when matter is nonsense by being contrary and repugnant to some precedent sensible matter, such repugnant matter is rejected; 14 Viner, Abr. 142; 15 id. 560. The maxim of the civil law on this subject agrees with this rule: Quce in testamento ita sunt scripta ut intclligi non possent, perinde sunt ac si scripta non essent. Dig. 50. 17. 73. 3. Soe Ambiguity; Interpretation. In pleading, when matter is nonsense by being contradictory and repugnant to something precedent, the precedent matter, which is sense, shall not be defeated by the repugnancy which follows, hut that which is contradictory shall be rejected: as in ejectment where the declaration is of a demise on the second day of January, and that the defendant postca scilicet, on the first of January, ejected him, here the scilicet may be rejected as being expressly contrary to the postca and the precedent matter; 5 East 255; 1 Salk. 324.

Unintelligible matter in a written agreement or will.

construction, is that which in a written agreement or will is unintelligible. Itisa rule of Jaw that an instrument shall be so construed that the whole if possible shall stand. Whena matter is written grammatically right, but it is unintelligible and the whole makes nonsense, some words cannot be rejected to make sense of the rest, 1 Salk. 324; but when matter is nonsense by being contrary and repugmant to some precedent sensible matter, such repugnant matter is rejected. Ib.; 15 Vin. Ab. 560; 14 Vin. Ab. 142. Vide articles Ambigutty; Construction; Interpretatton.