The Roman Law of Testaments, Codicils, and Gifts in the Event of Death
by Moses Aaron Dropsie (9780217369121)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER II. OF TESTAMENTS. The chief source in the Digest, Lib. XXVIII. Tit. I. Qui testamenta facere possunt, et quemadmodum testa- menta fiant. (Of those persons who may make testaments, and of the manner in which testaments are made.) IDEA OF A TESTAMENT. Testamentary inheritance is created by testament and always founds a direct inheritance succession, i. e., such a kind of universal succession by which the successor enters without the intervention of a third person into the rights and obligations of a man after his death, and represents him. When there is no testament the law casts the inheritance on the heir; this is termed intestate inheritance succession, which can be excluded only by a valid testament. . The idea of a testament, as given by Modestinus, Libro II., Pandects,1 is thus expressed: " A testament is the published declaration of one's will according to law respecting what one directs to be effected after' his death." Every disposition made by a person, especially in relation to his estate, in the event of his death is a testament. The word testament is derived from testatio mentis, and means the witnessing of the mind of one in declaring his will, and hence it was necessary that the witnesses to a 1 Fr. I. D. 28. I. testament should remain together till the formalities of making a testament are completed. A testament in the proper sense of the Roman law is a disposition by last will in accordance with legal provisions, whereby a direct heir is named; in this, testaments are distinguished from codicils; as testaments from the beginning had the force of laws, they were legitimate acts which were confirmed by the law of the XII Tables. Codicils were not from the beginning valid, but gradually became so from custom for equitable reasons, and ...

USD $14.14

   Dispatch: Immediate - In Stock