Children & Minors

A minor has the power to make his condition better, but not worse.

Minor potestatem habet conditionem suam meliorare, non deteriorem facere.

Source: Co. Litt. 337; Broom, Max. 496

An infant may accept a beneficial grant or settle a debt, but cannot bind himself to an onerous contract or convey away his property to his own prejudice.

A minor cannot take an oath.

Minor jurare non potest.

Source: Co. Litt. 172b; Litt. 289; Weisman, 80b

Because an oath binds the conscience and carries legal penalties for its breach, the law does not permit a minor — who cannot fully appreciate these consequences — to swear one.

A minor before coming of age cannot act in a case of property.

Minor ante tempus agere non potest in casu proprietatis.

Source: 2 Inst. 291; Morgan, Eng. Legal Maxims no. 1256; Weisman, 80d

Transactions involving real property require full legal capacity. A minor's deed of conveyance is voidable at his election upon reaching majority.

A minor is not bound to answer during his minority, except as a matter of favor in a cause of dower.

Minor non tenetur respondere durante minori aetate, nisi in causa dotis.

Source: 3 Bulstr. 143; Morgan, Eng. Legal Maxims no. 1261; Weisman, 80h

The law shields infants from the burden of litigation. They are not compelled to defend or plead until they reach the age at which they can do so with full understanding.

The father is he whom the marriage indicates.

Pater est quem nuptiae demonstrant.

Source: Co. Litt. 123; Dig. 2, 4, 5; Broom, *Legal Maxims* (1874), p. 516; Jackson, *Latin for Lawyers* (1915), Max. 792; Weisman, 79n

A child born in lawful wedlock is presumed to be the child of the husband — the marriage itself establishes paternity.

The lawful heir is he whom the marriage shows to be so.

Haeres legitimus est quem nuptiae demonstrant.

Source: Co. Litt. 7; Jackson, *Latin for Lawyers* (1915), Max. 326; Weisman, 58w

Inheritance follows lawful marriage — at common law, only those born within wedlock possess inheritable blood.

Heir is a name of law; son is a name of nature.

Haeres est nomen juris, filius est nomen naturae.

Source: Bacon, Max. Reg. 11; Jackson, *Latin for Lawyers* (1915), Max. 325; Weisman, 58ii

The status of heir is a legal construction tied to rules of succession; the status of son is a fact of nature — the two do not always coincide.

Malice supplies age.

Malitia supplet aetatem.

Source: 1 Bl. Comm. 464; Weisman, 78j

Where a minor demonstrates a degree of malice beyond his years, the law may treat him as capable of criminal intent regardless of the presumption of incapacity attending his age.