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NeCede's

Maxim 5.6.10

A brother shall not succeed a uterine brother in the paternal inheritance.

Frater fratri uterino non succedet in haereditate paterna.

Source: Fort. de Laud, by Amos, 15; Jackson Difficulty 3/5 — Intermediate

Explanation

A half-brother related only through the mother cannot inherit lands that descend through the paternal line — the blood of the father is required for paternal inheritance.

Where this applies

  • My half-brother from my mother's side wants to inherit our father's land — but they're not related through the father.
  • Can a half-sibling related only through the mother inherit the father's property?

Legal domains

Cite this maxim

NeCede Max. 5.6.10 — A brother shall not succeed a uterine brother in the paternal inheritance. — Fort. de Laud, by Amos, 15; Jackson (Frater fratri uterino non succedet in haereditate paterna.)

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