2.1.151 to 2.1.157

(127) A son, however, must be expressly disinherited by his father, otherwise he is not considered to have been disinherited. A son is held to be expressly disinherited when the following expressions are used, "Let my son Titius be disinherited"; or "Let my son be disinherited"; without mentioning his name. (128) Other children of both sexes may be properly disinherited, among others, by the use of the following words: "Let all those remaining be disinherited"; which words are usually added after the appointment of the heirs. This, however, is only prescribed by the Civil Law. (129) For the prætor requires all descendants of the male sex that is to say sons, grandsons, and great-grandsons, to be disinherited by name; but he considers it sufficient if descendants of the female sex, that is to say, daughters, granddaughters, and great-granddaughters, are either disinherited by name, or among others. (130) Posthumous children must be either appointed heirs, or disinherited. (131) In this respect the condition of all is the same, so that if a posthumous son, or any other child of either sex is passed over, the will is indeed valid; but after the birth of the posthumous child it will be broken, and for this reason will be absolutely void. Therefore, if a woman who is expected to give birth to a posthumous child should have an abortion, there will be nothing to prevent the heirs mentioned in the will from entering on the estate. (132) Persons of the female sex are either expressly, or generally disinherited, but if they are disinherited with others, something must be bequeathed to them in order that they may not appear to have been passed over through forgetfulness. It has been decided, however, that persons of the male sex cannot legally be disinherited unless this is done expressly, for instance as follows: "Let any son who may be born to me be disinherited." . . . . [1] (133) In the same category with posthumous children are placed those who, by succeeding as proper heirs, become such to their relatives, just as posthumous children are by birth. For example, if I have a son, and by him a grandson, or a granddaughter in his power, because the son precedes by a degree, he alone enjoys the rights of a proper heir; although the grandson and granddaughter by him are both under the same authority. If, however, my son should die during my lifetime, or should, for any reason whatsoever, be released from my control, the grandson and granddaughter will succeed to his place, and in this way acquire the rights of proper heirs just as if they were posthumous children.