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NeCede's

Maxim 5.6.28

The law favors the inheritance of a man.

Source: C.L.M.; Weisman, 58h Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The common law strongly favors the descent of property to a man's heirs — ambiguities in deeds, wills, or statutes are construed so as to preserve the inheritance rather than defeat it, because the right to transmit the fruits of one's labor to one's posterity is a natural right that the law merely recognizes and secures.

Where this applies

  • A deed contains ambiguous language that could either create a fee simple or a life estate, and the court construes it in favor of the broader inheritance to preserve the family's right to pass the land down.
  • A will's unclear wording is interpreted by the court to favor the heir's inheritance rather than disinheriting him on a technicality.
  • A statute of limitations question arises in an inheritance case, and the court resolves the ambiguity in favor of the heir because the law favors the descent of property.

Legal domains

Cite this maxim

NeCede Max. 5.6.28 — The law favors the inheritance of a man. — C.L.M.; Weisman, 58h

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