as long as the latter was a minor, wherefore it is
quite clear that the things which belonged to the son
are now ours, according to the will of the father.”
The argument to upset this is—“Aye,
the father made his own will, and appointed you as
reversionary heir, not to his son, but himself.
Wherefore, nothing except what belonged to him himself
can be yours by his will.” The point to
be determined is, whether any one can make a will to
affect the property of his son who is a minor, or,
whether the reversionary heirs of the father of the
family himself, are not the heirs of his son also
as long as he is a minor. And it is not foreign
to the subject, (in order that I may not, on the one
hand, omit to mention it, or, on the other, keep continually
repeating it,) to mention a thing here which has a
bearing on many questions. There are causes which
have many reasons, though the grounds of the cause
are simple, and that is the case when what has been
done, or what is being defended, may appear right
or natural on many different accounts, as in this
very cause. For this further reason may be suggested
by the heirs—“For there cannot be
more heirs than one of one property, for causes quite
dissimilar, nor has it ever happened, that one man
was heir by will, and another by law, of the same
property.” This, again, is what will be
replied, in order to invalidate this—“It
is not one property only; because one part of it was
the adventitious property of the minor, whose heir
no one had been appointed by will at that time, in
the case of anything happening to the minor, and with
respect to the other portion of the property, the
inclination of the father, even after he was dead,
had the greatest weight, and that, now that the minor
is dead, gives the property to his own heirs.”
The question to be decided is, “Whether it was
one property?” And then, if they employ this
argument by way of invalidating the other, “That
there can be many heirs of one property for quite dissimilar
causes,” the question to be decided arises out
of that argument, namely “Whether there can
be more heirs than one, of different classes and character,
to one property?”
XXII Therefore, in one statement of the case, it has
been understood how there are more reasons than one,
more topics than one to invalidate such reasons, and
besides that, more questions than one for the decision
of the judge. Now let us look to the rules for
this class of question. We must consider in what
the rights of each party, or of all the parties (if
there are many parties to the suit), consist.
The beginning, then, appears derived from nature;
but some things seem to have become adopted in practice
for some consideration of expediency which is either
more or less evident to us. But afterwards things
which were approved of, or which seemed useful, either
through habit, or because of their truth, appeared
to have been confirmed by laws, and some things seem
to be a law of nature, which it is not any vague opinion,