Disinheritance

“ But an ungrateful son ought not to obtain an inheritance; and rather than such, we should adopt a stranger. Therefore, since thou hast been ungrateful to thy father in maintaining me contrary to his command, thou shalt never possess my inheritance." The son thus answered his uncle. "No one can be punished for executing what the law commands and compels. Now the law of nature obliges children to assist their parents in necessity, and especially to honour them: therefore, I cannot justly be deprived of the inheritance." ”

“ For all around, these outlaws of our Erth Wander and prowl in seething discontent. Men, women, children, all are victims of Unnatural laws, Nature’s base antichrists. Am I not a poor disinherited? Is not that lonely woman far away, That woman dwelling in fair Scota’s isle, Whom, ere you tied with me ignoble ties, You treated as a wife, who bore you seed, And loved you Hector as I love you not, Is she not too a Disinherited, One of the outlaws fashioned by your laws? Is not the son she bore you, Vergli called, Your rightful heir? ”

“ Vergli is not my heir, the child from thee Will be The Prince of Scota, if a son, And dost thou dare to question his true right, Thou his own mother and King Hector’s wife, Thou the crowned Queen of mighty Saxscober? 7 Cease woman, nor defame God’s holy name, That God who fashioned Woman out of Man. Who are the Disinherited of Erth? Would’st have men equal, and to women give Those sacred rights which Holy Church declares Are man’s alone, given him by his God? Cease thy revolt against the Orthodox, Bow to revealed religion and become A lover of Conventionality. ”

“ If I were to tell you that you have not transmitted to an innocent girl the fatal inheritance which has weighed like a curse upon your life, how would it be with you?"
"It would be heaven--it would be light! Unconscious sinner as I am, it might mean forgiveness!" ”

“ Upon the whole it appears, that a person attainted is neither allowed to retain his former estate, nor to inherit any future one, nor to transmit any inheritance to his issue, either immediately from himself, or mediately through himself from any remoter ancestor; for his inheritable blood, which is necessary either to hold, to take, or to transmit any feodal property, is blotted out, corrupted, and extinguished for ever: the consequence of which is, that estates, thus impeded in their descent, result back and escheat to the lord. ”

“ The hereditary succession can never exist as a matter of right; it is a nullity—a nothing. To admit the idea is to regard man as a species of property belonging to some individuals, either born or to be born! It is to consider our descendants, and all posterity, as mere animals without a right or will! It is, in fine, the most base and humiliating idea that ever degraded the human species, and which, for the honor of Humanity, should be destroyed for ever. ”

“ Have any of us, in the latter-days, received inheritances upon the face of this earth that shall be everlasting? No, we are not prepared to receive them, and they are not prepared for us. I am telling you these things that you may know and understand that, when we talk about property, or anything else that we seem to possess, we have not yet received anything for an everlasting inheritance. If we are faithful we shall receive after a long time, that is, it may seem long to us who reckon time by years, months, weeks, days, minutes and seconds. ”

“ I have seen many cases where, at the death of the parents, the children will quarrel about the property, and fight about it; but my inheritance shall not be divided, it must remain whole; for except the body remains whole, it will die. ”

“ Because it seems to us inhuman and impious that for such a cause sons should be disinherited from the inheritance of their father because their father died in the mund of their grandfather. But let them take an equal portion with their uncles of everything in the place of their father. ”

“ The examples of succession by Primogeniture which were found among the Benefices may, therefore, have been imitated from a system of family-government known to the invading races, though not in general use. Some ruder tribes may have still practised it, or, what is still more probable, society may have been so slightly removed from its more archaic condition that the minds of some men spontaneously recurred to it, when they were called upon to settle the rules of inheritance for a new form of property. ”

“ When the phenomena of primitive societies emerge into light, it seems impossible to. dispute a proposition which the jurists of the 17th century considered doubtful, that Intestate Inheritance is a more ancient institution than Testamentary Succession. As soon as this is settled, a question of much interest suggests itself, how and under what conditions were the directions of a will first allowed to regulate the devolution of authority over the household, and consequently the posthumous distribution of property. ”

“ But by one of the chapters in the famous 118th Novel on the law of intestate succession even this prerogative of the paterfamilias was abolished, and all a child's belongings except his peculium profecticium were recognized as his own in death as well as in life, so that if any of them should pass to his parent on his intestacy it should only be by title of inheritance and in the absence of descendants. ”

“ Whereas, by dividing the inheritance according to the roots or stirpes, the rule of descent is kept uniform and steady: the issue of the eldest son excludes all other pretenders, as the son himself (if living) would have done ”

“ But no right in the inheritance shall accrue to any persons whatsoever, other than to the children of the intestate, unless such persons be in being, and capable in law to take, as heirs, at the time of the intestate's death. ”

“ The fact that we are human beings instead of animals, that we have our due proportion of organs and faculties, that we are not monstrosities or imbeciles, are all hereditary conditions. We see, then, that the law of heredity insures to us our full complement of organs and capabilities, as well as the more pronounced characteristics which we the more readily recognize as inheritances. The fact is that inheritance of good is so universal that we fail to think of it. ”

“ HEREDITY AND PREEXISTENCE 1 THE law of heredity which insists that the descendants shall suffer by the faults and profit by the virtues of their ancestors comprises truths that are no longer disputed. They shine forth, visible to the eyes of all. The child of a drunkard will bear the burden of his father’s vice all his life long, from the day of his birth to that of his death, in body and in mind. ”

“ This verse of the Aqdas introduces a lengthy passage in which Bahá’u’lláh elaborates the Bahá’í law of inheritance. In reading this passage one should bear in mind that the law is formulated with the presumption that the deceased is a man; its provisions apply, mutatis mutandis, when the deceased is a woman.
The system of inheritance which provides for distribution of the deceased’s estate among seven categories of heirs (children, spouse, father, mother, brothers, sisters, and teachers) is based on the provisions set out by the Báb in the Bayán. ”

“ Suppose, Just for the sake of argument I pray, That when we die, our Soul, which I believe Is out of matter forming Mind and Thought, Should peradventure take possession of A life in an embryo state, and step Either into this sphere, or say, elsewhere. Would you not like to think that soul of yours Will not become the tenant of a slave, A Disinherited, a Misery, But rather a free mortal born to live And make the most of Nature’s Gift of Life? 84 Remember, ‘every mongrel has its day,’ If Life is as I say, you may become One of the disinherited of Erth. ”

“ An apparent increase in this liability might arise from greater attention being now paid to it, or from increased use of harder roads; or a real increase might be due to panmixia and some obscure forms of correlation.
QUASI-INHERITANCE.
Of course artificially-caused ill-health or weakness in parents will tend in a general way to injure the offspring. But deterioration thus caused is only a form of quasi-inheritance, as I should prefer to call it. Semi-starvation in a new-born babe is not truly inherited from its half-starved mother, but is the direct result of insufficient [117] nourishment. ”

“ This natural inheritance has been protected by the legislators of every climate and age, and the father is encouraged to persevere in slow and distant improvements, by the tender hope that a long posterity will enjoy the fruits of his labour. The principle of hereditary succession is universal, but the order has been variously established by convenience or caprice, by the spirit of national institutions, or by some partial example, which was originally decided by fraud or violence. ”

“ Limitations In Respect Of Succession Outside The Direct Line Of Descent.
The right of succession limited to the great-grandchild of the common ancestor. The Gortyn law quoted above in the previous section goes on:—
v. “If (a man or woman die and) they have no children, the deceased's brothers and brother's children or grandchildren shall have the property. If there are none of these, the deceased's sisters, their children or grandchildren. If there are none of these, to whom it descends of whatever grade they be, they shall inherit the property.” ”

“ There had been a wondrous involution from centuries of great history, according to subtle, silent laws of hereditary inheritance, in very blood and life, of tone, and quality, and temper, and now there is evolved, evoked, just that of power which tells of kinship with those who have gone before. ”

“ The heir has the advantage of sustaining his ancestor's and the right is acquired.
LECTURE X. — SUCCESSIONS INTER VIVOS
I now reach the most difficult and obscure part of the subject. It remains to be discovered whether the fiction of identity was extended to others besides the heir and executor. And if we find, as we do, that it went but little farther in express terms, the question will still arise whether the mode of thought and the conceptions made possible by the doctrine of inheritance have not silently modified the law as to dealings between the living. ”

“ But the praetor requires all, females as well as males, unless instituted, to be disinherited, males specially, females collectively; and if they are neither appointed heirs nor disinherited as described, the praetor promises them possession of goods against the will.
4 Adopted children, so long as they are in the power of their adoptive father, are in precisely the same legal position as children born in lawful wedlock; consequently they must be either instituted or disinherited according to the rules stated for the disinherison of natural children. ”

“ Formation of Instincts.—The structure produced by repetition of voluntary acts, and which, as we have seen, determines habits, by the law of inheritance is transmitted in a slight degree to the next generation. I say in a slight degree only, because inheritance is from the whole line of ancestry and not from the immediate parents alone. The inheritance from the immediate parents is greater, it is true, than from any one of the series of previous generations, but infinitely less than the sum of inheritances from all previous generations. ”

“ They did not foresee, these fathers of our jurisprudence, that, if the right of inheritance is any thing other than Nature’s method of preserving equality of wealth, families will soon become victims of the most disastrous exclusions; and society, pierced to the heart by one of its most sacred principles, will come to its death through opulence and misery. ”

“ This requires that all children, whether family heirs or emancipated, shall be specially disinherited, and declares that their pretermission shall have the effect of avoiding the will of their parent, and depriving the instituted heirs of the inheritance, no less than the pretermission of children who are family heirs or who have been emancipated, whether already born, or born after, though conceived before the making of the will. ”

“ Amongst the provisions concerning inheritance it hath been laid down that, should the deceased leave no offspring, their share of the estate is to revert to the House of Justice. In the event of other categories of heirs, such as the father, mother, brother, sister and teacher being similarly absent, do their shares of the inheritance also revert to the House of Justice, or are they dealt with in some other fashion?
[pg 108] ANSWER: The sacred verse sufficeth. He saith, exalted be His Word: "Should the deceased leave no offspring, their share shall revert to the House of Justice" etc. ”

“ Relations of the half blood shall inherit equally with those of the whole blood in the same degree; and the descendants of such relatives shall inherit in the same manner as the descendants of the whole blood, unless the inheritance come to the intestate by descent, devise, or gift, of some one of his ancestors, in which case all those who are not of the blood of such ancestor shall be excluded from such inheritance. ”

“ One instance of hereditary defect, of inherited degeneracy, fills us with horror and stirs us to move Heaven and earth to prevent another such. The inheritance of vigor, of healthfulness, and of sanity we placidly accept as a matter of course and bank upon it in our plans for the future, without so much as a thank you to the force that underlies it. ”

“ And if neither father nor mother in whom these rights are vested, should leave any children, the entire inheritance shall be divided among the other descendants; but they shall not have the power to give to each grandchild more than the third part of the aforesaid property. ”