119. In presumptione juris semper æquitas existit. Equity is always to be found in a presumption of law.
Where the object of such presumption is satisfied, and there is no equity in continuing it, it should cease. (See Colborne v. Patmore, 4 Tyrwh. 677; C. M. & R. 73.)
120. In re communi potior est conditio prohibentis. In a partnership the condition of one who forbids is the more favourable.
When partners are equally divided, those who forbid any change or other alteration have the better right.
121. In societatis contractibus fides exuberet. The strictest good faith must be exercised in partnership transactions.
The highest standard of honour is requisite from every member of a partnership towards every other member of the firm.
122. In testamentus plenius testatoris intentionem scrutamur. In wills we seek more especially for the testator’s intention.
This intention must be agreeable to law, and the intent must be collected from the actual words of the will. (See Maxs. Nos. 123, 273, and 275.)
123. In testamentis plenius voluntates testantium interpretantur. In wills the wishes of testators are more liberally expounded.
Thus Broom says: “A will should receive a more liberal construction than its strict meaning, if alone considered, would permit.” (See Maxs. Nos. 122, 273, and 275.)