185. Odiosa et inhonesta non sunt praesumunda in lege. Odious and dishonest things are not to be presumed in law.
186. Officium nemini debet esse damnosum. A duty should be injurious to no one.
No one should sustain any loss by reason of doing his duty. Thus, Justices of the Peace and County Court bailiffs should not personally suffer loss on account of their having, in the performance of their duty, to do things which are sometimes distasteful alike to themselves and others.
* 187. Omne majus continet in se minus. The greater contains the less.
A tender by a debtor to his creditor of an amount in excess of that owing is perfectly good for what is actually due. (See Chitty on Contracts, 16th ed. p. 326.)
188. Omne quod solo inaedificatur solo cedit. Everything built on the soil belongs to the soil.
The grant of certain land will pass to the grantee all buildings and erections thereon, even though such erections be not specifically mentioned. (See Steph. Comm. I. p. 313, and Maxs. Nos. 46 and 224.)
* 189. Omne testamentum morte consummatum est, et voluntas testatoris est ambulatoria usque ad mortem. Every testament is perfected by death, and the will of a testator is “ambulatory” (revocable) even unto death.
A will is of no effect and does not operate until the death of the testator, until which time it may be revoked or altered by him at his pleasure. It speaks from the date of death, and not that of its execution.
A will may be defined as follows:—Voluntatis nostrae justa sententia de eo quod quis post mortem suam fieri velet. (See Max. No. 261.)