Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
There is a vast amount of interesting information, in connection with
the history and forms of antique wills, and testamentary dispositions of
property, in one form or another, are of extremely ancient origin.[2]
Historians and law writers have told us that the will, as we know it,
is a Roman invention, but in this statement the testimony of others is
accepted as establishing the fact, rather than the knowledge, or want of
knowledge of the fact asserted. Indeed, writers are frequently given to
accepting and repeating the statements of others, without investigating
the facts upon which such statements are based, much as the court
did, that decided that a given windstorm was not a cyclone, where the
conclusion was based wholly upon the evidence showing that the clouds
lacked the funnel shape and circling motion, while the effect of the
storm, evidenced by the twisted trunks of giant trees, the houses awry
and other primary evidence of the fact asserted, was wholly over-looked,
in reaching the conclusion.[3]
There is evidence that wills were used in Egypt centuries before they
were known in Europe;[4] Solon is said to have introduced them into
Greece,[5] and wills were used in Rome, long before the date of the
Twelve Tables.[6]
Abraham, in his lament of the want of a legitimate heir, appointed the
steward and servant born in his house to take his estate, after his death
and this was, virtually, the appointment of an heir by will.[7] And the
Hebrew Patriarch, Jacob, before taking his departure from his sons, with
the knowledge of approaching death, said unto Joseph:[8]
“Behold, I die; but God shall be with you and bring you again
unto the land of your fathers. Moreover, I have given to thee,
one portion above thy brethren, which I took out of the land
of the Amorite with my sword and with my bow. And Jacob called
unto his sons and said, gather yourselves together, that I may
tell you that which shall befall you in the last days.”
Of course this is but an oral bequest, but it has all the elements of
a death-bed disposition, made under the apprehension of approaching
death and it sets forth the “portion” to Joseph, after mentioning the
derivation of the testator’s title, and the symbolic emblems to the other
sons are distributed, with all the solemnity of a will, in fact.
From these illustrations, it will be seen, that from the beginning of
the history of man, as we know him, or at least in the patriarchial
days of the ancient Hebrews, the custom obtained of making testamentary
dispositions of property, and there is also evidence extant that this
custom was not confined alone to the ancient Israelites.
Public-domain text, read in full here on John Shaqi.
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