preterition
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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.