equity imputes an intention to fulfil an obligation

The maxim embodies a statement of a general presumption upon which a court of equity acts. It is commonly applied in cases involving the performance and satisfaction of covenants, the rule being that wherever a deceased person has covenanted to do an act and has done that which may pro tanto be considered as a performance of his covenant, he will be presumed to have done the act with that intention and his estate will be treated as if he had been a trustee to complete the performance. 27 Am 12d Eq § 128.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • Merit — • By merit (meritum) in general is understood that property of a good work which entitles the doer to receive a reward from him in whose service the work is done Catholic Encyclopedia. Kevin Knight. 2006. Merit     Merit …   Catholic encyclopedia

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