equity imputes an intention to fulfil an obligation

The maxim embodies a statement of a general presumption upon which a court of equity acts. It is commonly applied in cases involving the performance and satisfaction of covenants, the rule being that wherever a deceased person has covenanted to do an act and has done that which may pro tanto be considered as a performance of his covenant, he will be presumed to have done the act with that intention and his estate will be treated as if he had been a trustee to complete the performance. 27 Am 12d Eq § 128.