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NeCede's

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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