preterition


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See: disregard, omission

preterition

in Roman law the failure of a testator to name one of his children in his will, thus invalidating it. See also CONDITIO SI TESTATOR SINE LIBERIS DECESSERIT.

PRETERITION, civil law. The omission by a testator of some one of his heirs who is entitled to a legitime, (q.v.) in the succession.
     2. 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.

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All preteritions, aposiopesis, and silence must be regarded as figures signaling unpresentability.