[ad. L. cern-ĕre ‘to separate, to decide,’ in judicial language ‘to resolve to enter upon an inheritance,’ ‘to make known this determination,’ ‘to enter upon an inheritance’ (Lewis and Short).] Used in translation of Roman law-books for: To declare acceptance of an inheritance. Hence Cerning vbl. sb.
1880. Muirhead, Gaius, II. § 166. If the individual so instituted desire to be heir, he must cern within the time for cretion…. I enter upon and cern to his inheritance. Ibid., Ulpian, xxii. § 25. A stranger heir, if he be instituted with cretion, becomes heir by cerning.
So Cerniture, formal declaration of the acceptance of an inheritance. [Not formed on L. analogies: the L. is crētio.]
1880. Muirhead, Ulpian, xxii. § 28. To cern is to recite the words of cerniture in this way. Ibid., Gaius, II. § 482. Cerniture in compliance with the cretion-clause.
