Maxim 1.5.150
No one is presumed to have preferred another’s posterity to his own.
Nemo presumitur alienam posteritatem suae pretulisse.
Source: Wing. 285; Jackson; Weisman, 58mm
Difficulty 2/5 — Approachable
Explanation
The law presumes that a man provides for his own descendants before strangers — in construing wills and grants, preference for one’s own issue is the default assumption.
Where this applies
- A will is interpreted as favoring the testator's own children over strangers.
- Someone claims a grandparent intended to disinherit their own family in favor of outsiders.
Legal domains
Cite this maxim
NeCede Max. 1.5.150 — No one is presumed to have preferred another’s posterity to his own. — Wing. 285; Jackson; Weisman, 58mm (Nemo presumitur alienam posteritatem suae pretulisse.)
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