Maxim 5.6.18
He who is nearer excludes him who is near; he who is near, him who is remote; he who is remote, him who is more remote.
Propinquior excludit propinquum; propinquus remotum; et remotus remotiorem.
Source: Co. Litt. 10; Bouvier, *Law Dictionary* (1856)
Difficulty 3/5 — Intermediate
Explanation
The order of inheritance follows proximity of blood — the nearer in degree always excludes the more remote, tracing the line from the deceased outward.
Where this applies
- My closer cousin is claiming they should inherit before me because they're nearer in blood to the deceased.
- Multiple relatives at different levels of relation are disputing who inherits first.
Legal domains
See also
Cite this maxim
NeCede Max. 5.6.18 — He who is nearer excludes him who is near; he who is near, him who is remote; he who is remote, him who is more remote. — Co. Litt. 10; Bouvier, *Law Dictionary* (1856) (Propinquior excludit propinquum; propinquus remotum; et remotus remotiorem.)
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