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IN TERROREM

By way of threat, terror, or warning. For example, when a legacy is given to a person upon condition not to dispute the validity or the dispositions in wills and testaments, the conditions are not in general obligatory, but only in terrorem; if, therefore, there exist probabilis causa litigandi, the non-observance of the conditions will not be a forfeiture. But when the acquiescence of the legatee appears to be a material ingredient in the gift, the bequest is only such while the legatee shall refrain from disturbing the will. Applied to legacies given upon condition that the recipient shall not dispute the validity or the dispositions of the will; such a condition being usually regarded as a mere ‘threat’.

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