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NeCede's

Maxim 4.2.2

The lawful heir is he whom the marriage shows to be so.

Haeres legitimus est quem nuptiae demonstrant.

Source: Co. Litt. 7; Jackson, *Latin for Lawyers* (1915), Max. 326; Weisman, 58w Difficulty 2/5 — Approachable

Explanation

Inheritance follows lawful marriage — at common law, only those born within wedlock possess inheritable blood.

Where this applies

  • A child claims inheritance and the question is whether they are the lawful heir.
  • Someone born in wedlock asserts their right to inherit.

Legal domains

See also

Cite this maxim

NeCede Max. 4.2.2 — The lawful heir is he whom the marriage shows to be so. — Co. Litt. 7; Jackson, *Latin for Lawyers* (1915), Max. 326; Weisman, 58w (Haeres legitimus est quem nuptiae demonstrant.)

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