This maxim will only be applied in favor of the person for whose benefit the act should have been done. A person who should have done any act but fails to do so, can never have the benefit of the principle contained in this maxim. The most important application of this maxim is found in equitable conversion.

27 See Husband and Wife. 28 Powell vs. Thomas, 6 Hare, 300; 31 Eng. Ch., 300.

29 16 Cyc, 143.

30 Brighton vs. Doyle, 64 Vt., 616.

31 134 U. S., 530.