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[102] Both the disinherited and the bastard will object, “You cannot re-enter the family, for our father did not die childless.” But in this connexion each will rely on his own particular question. For the disinherited son will say that even a disinherited man does not cease [p. 463] to be a son, and will derive an argument from that very law which denies his claim to the inheritance; namely that it was unnecessary for a disinherited son to be excluded from possession of his father's property if he had ceased to be one of the family; but now, since in virtue of his rights as son he would have been his father's heir if he had died intestate, the law is brought to bar his claim; and yet the law does not deprive him of his position as son, but only of his position as heir. Here the basis is definitive, as turning on the definition of a son.

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load focus Introduction (Harold Edgeworth Butler, 1920)
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