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VOLENS Definition & Legal Meaning

Definition & Citations:

Lat. Willing. He is said to be willing who either expressly consents or tacitly makes no opposition. Calvin. Volenti non fit injuria. He who Consents cannot receive au injury. Broom, Max. 268, 200, 271, 395; Shelf. Mar. & Div. 449; Wing. Max. 482; 4 Term It 657. Voluit, sed non dixit. lie willed, but he did not say. He may have intended so, but he did not say so. A maxim frequently used in the construction of wills, in answer to arguments based upon the supposed intention of a testator. 2 Pow. Dev. 625; 4 Kent Comm. 538.


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