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Preterition

A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

civil law, is the omission by a testator of some one of his heirs who is entitled to a legitime, (q. v.) in the succession. Among the Romans, the preterition of children when made by the mother ° were presumed to have been made with design; the preterition of sons by any other testator was considered as a wrong and avoided the will, except the will of a soldier in service, which was not subject to so much form.