6 Wills, however, which, though duly executed, are subsequently
rescinded by the testator's undergoing loss of status are not altogether
inoperative: for if the seals of seven witnesses are attached, the
instituted heir is entitled to demand possession in accordance with the
will, if only the testator were a citizen of Rome and independent at
the time of his decease; but if the cause of the rescission was
the testator's subsequent loss of citizenship or of freedom, or his
adoption, and he dies an alien, or slave, or subject to his adoptive
father's power, the instituted heir is barred from demanding possession
in accordance with the will.
7 The mere desire of a testator that a will which he has executed shall
no longer have any validity is not, by itself, sufficient to avoid
it; so that, even if he begins to make a later will, which he does not
complete because he either dies first, or changes his mind, the first
will remains good; it being provided in an address of the Emperor
Pertinax to the Senate that one testament which is duly executed is not
revoked by a later one which is not duly and completely executed; for an
incomplete will is undoubtedly null.
8 In the same address the Emperor declared that he would accept no
inheritance to which he was made heir on account of a suit between the
testator and some third person, nor would he uphold a will in which he
was instituted in order to screen some legal defect in its execution,
or accept an inheritance to which he was instituted merely by word of
mouth, or take any testamentary benefit under a document defective in
point of law. And there are numerous rescripts of the Emperors Severus
and Antoninus to the same purpose: 'for though,' they say, 'the laws do
not bind us, yet we live in obedience to them.'
TITLE XVIII. OF AN UNDUTEOUS WILL
Inasmuch as the disinherison or omission by parents of their children
has generally no good reason, those children who complain that they have
been wrongfully disinherited or passed over have been allowed to bring
an action impeaching the will as unduteous, under the pretext that the
testator was of unsound mind at the time of its execution. This does
not mean that he was really insane, but that the will, though legally
executed, bears no mark of that affection to which a child is entitled
from a parent: for if a testator is really insane, his will is void.
1 Parents may impeach the wills of their children as unduteous, as well
as children those of their parents. Brothers and sisters of the testator
are by imperial constitutions preferred to infamous persons who are
instituted to their exclusion, so that it is in these cases only that
they can bring this action. Persons related to the testator in a further
degree than as brothers or sisters can in no case bring the action, or
at any rate succeed in it when brought.
Public-domain text, read in full here on John Shaqi.
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