We have finally to consider the lex Falcidia, the most recent enactment
limiting the amount which can be given in legacies. The statute of the
Twelve Tables had conferred complete liberty of bequest on testators, by
which they were enabled to give away their whole patrimony in legacies,
that statute having enacted: 'let a man's testamentary disposition of
his property be regarded as valid.' This complete liberty of bequest,
however, it was thought proper to limit in the interest of testators
themselves, for intestacy was becoming common through the refusal of
instituted heirs to accept inheritances from which they received
little or no advantage at all. The lex Furia and the lex Voconia
were enactments designed to remedy the evil, but as both were found
inadequate to the purpose, the lex Falcidia was finally passed,
providing that no testator should be allowed to dispose of more than
three-quarters of his property in legacies, or in other words, that
whether there was a single heir instituted, or two or more, he or they
should always be entitled to at least a quarter of the inheritance.
1 If two heirs, say Titius and Seius, are instituted, and Titius's share
of the inheritance is either wholly exhausted in legacies specifically
charged thereon, or burdened beyond the limit fixed by the statute,
while no legacies at all are charged on Seius, or at any rate legacies
which exhaust it only to the extent of one half or less, the question
arose whether, as Seius has at least a quarter of the whole inheritance,
Titius was or was not entitled to retain anything out of the legacies
which had been charged upon him: and it was settled that he could keep
an entire fourth of his share of the inheritance; for the calculation
of the lex Falcidia is to be applied separately to the share of each of
several heirs in the inheritance.
Public-domain text, read in full here on John Shaqi.
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