Maxim 4.2.8
It is not just to make an elder-born a bastard after his death, who during his lifetime was accounted legitimate.
Non est justum aliquem antenatum post mortem facere bastardum qui toto tempore vitae suae pro legitimo habebatur.
Source: Co. Litt. 244; Jackson
Difficulty 2/5 — Approachable
Explanation
A restatement of 4.2.6 — the law strongly disfavors posthumous attacks on legitimacy, protecting the settled expectations of inheritance and status.
Where this applies
- A deceased person's status as legitimate is attacked after their death.
- Heirs try to undermine a dead relative's legitimacy to redirect inheritance.
Legal domains
Cite this maxim
NeCede Max. 4.2.8 — It is not just to make an elder-born a bastard after his death, who during his lifetime was accounted legitimate. — Co. Litt. 244; Jackson (Non est justum aliquem antenatum post mortem facere bastardum qui toto tempore vitae suae pro legitimo habebatur.)
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