Writers may discourse upon the danger of construing trees to mean raspberry bushes or cabbages, but the fact remains that written instruments are interpreted with the aid of something more than a dictionary. Circumstances existing both at the time the document is executed and at a subsequent period are considered in determining what it means. This statement applies to conditions as well as to other parts of a written instrument. Nor should we be surprised to find that impossibility of performance may modify legal consequences.
Lewis M. Simes,
THE EFFECT OF IMPOSSIBILITY UPON CONDITIONS IN WILLS,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol34/iss7/2