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Show "LI l-KI.V Tiik legal term fjpnt occurs In tho suits In relation to tho personal property of Ihe Church, and also In the diclelona of the courts an I the report of the -Master In Chiniery. We have been asked to explain Its meaning. The rule of cut ' In the distribution distribu-tion of a fund for eleemosynary or educational purprare, has In view the ascertainment And nccomplltbmont of eijully In Its iiiminm as will as Its legal arnsi. That Ii It being so well understood thatlt la adlluculithliigto ixactly txtn In language all that a testator, or benefactor or a lawmaker desires to have carrle I out, In tho Inter, pretatlon of an Instrument emulating from thusu or similar iource,the rule of cy iirrs Trench words wbloh signify sig-nify ns near as Is Invoked as a means of bringing about all thnt was Intended In-tended but notixi ressed. It Is simply, In other words, a means of nccom-I nccom-I Hilling ml taullally and actually whit ought to banccoinpllitied. In arriving at ii conclusion as Uwhnt was meant or desired In a more or less open docu incut or law,as wo all know, attendant clriumstaiicce, the itirpose actuating the ranker, thu context, tho spirit aa well as the letter of the Instrument are tu bo taken Into full cousldcrntlou; and It was to further such culs that the brnnch of Jurisprudence known ns equity was eetat Habed. To Invoke thu aid of this system of practice to bolstir up or excuiu n distorted construction or a departure from the lairs or even the hidden meaning of a document anbinltted for analyale, la at unco to do violence to our In-nate In-nate sense of Justlco and prevert the established ruin of law Itself. How much more, then, must It be an oOeiise lo Ihe "eternal right" to not only Ignoru Uie demands of those plainly plain-ly entitled to Umflfs by reason of their having created them and the lavs not i posing audi rights, Lut tu actually convert those beuellts lutu hos-tlli hos-tlli )lltlcaliiIUI' We repeit' The rule of cyprti Is for the purpiseof enatllug cuurta to fill up gain with material In consonance Willi Ihestruclure as a whole, not thnt ristillsatvarlancu with what was Intended, In-tended, aud Inimical to the Ileal Interests Inter-ests ciflhose upon whom a nuasuroof Uneflt was lutctided to fall, may bo accomplished. |
