sipating large fortunes by increasing the number of inheritors; but that it must always act in accordance with ideas of right, which are restricted in this case to the limits of the former co-proprietorship in the testator's lifetime, and must thus give the first claim to the family, the next to the municipality[1], etc.
Very closely connected with the subject of inheritance is the question as to how far contracts between living persons may be transmitted to their heirs. We shall find the answer to this question in the principle we have already established: this is, that a man during lifetime may restrict his actions and alienate his property just as he pleases, but is not allowed to limit the actions of his heir after his own death, or, under such circumstances to make any other disposition except such as would secure a valid succession to his property. Hence all those obligations must pass over to the heir and must be fulfilled towards him, which really include the transfer of a portion of the property, and which therefore have either lessened or augmented the means of the testator; but, on the other hand, none of those obligations remain which have either simply consisted in actions of the testator, or related solely to his person. But, even after having made these limitations, there still remains too great danger of entangling the descendants in relations which are binding, by means of contracts concluded in the lifetime of the testator. For rights can be alienated as well as separate lots of property, and such alienations must necessarily be binding on the heirs, who cannot come into any other position than that which has been held by the testator; and thus
- ↑ I have been much indebted in the above remarks to the speech of Mirabeau on this subject; and should have availed myself still further of his reasoning, had not he proceeded from a wholly different point of view from that adopted in this inquiry. (See 'Collection Complète des Travanx de M. Mirabeau l'Aîné à l'Assemblée Nationale,' tom. v. pp. 498-524.)
