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[10]
A second heir had
been appointed in the event of a posthumous son
dying while a minor. No posthumous son was born.
The next of kin claimed the property. Who could
doubt that the intention of the testator was that
the same man should inherit in the event of the
son not being born who would have inherited in the
event of his death? But he had not written this in
his will.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1922.
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