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NeCede's

Maxim 5.7.8

No one is presumed to trifle at the point of death.

Nemo praesumitur ludere in extremis.

Source: Cycl. Dict. 689; 6 Co. 76; Weisman, 103m Difficulty 2/5 — Approachable

Explanation

A dying man's declarations are presumed to be earnest and sincere — the law gives the greatest weight to words spoken in contemplation of death.

Where this applies

  • My father made a confession on his deathbed — should the court take it seriously?
  • A dying person made statements about who should get their property — are those statements credible?

Legal domains

See also

Cite this maxim

NeCede Max. 5.7.8 — No one is presumed to trifle at the point of death. — Cycl. Dict. 689; 6 Co. 76; Weisman, 103m (Nemo praesumitur ludere in extremis.)

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