The evidence, either oral or written, by means of which the proof of a
bequest from one person to another is established, and which should be
true and manifest, is often rendered doubtful; so that the intentions
of the testator, concerning the gifts and other matters set forth in
his will, can with difficulty be determined; for the reason that while
he has made certain statements in his will, he has made others, of a
directly contrary character, secretly, in the presence of witnesses.
Thus, by reason of this duplicity, it is evident that there are
practically two wills; for clearness and honesty are excluded, where
one thing is published openly, and another secretly stated in the
presence of witnesses.
And, where any one who has executed a document conveying property of
any kind to another, by gift or sale, shall be found to have made a
different disposition of said property before a witness, than he did
in writing; he shall pay the penalty prescribed in the document to him
upon whom this deceit has been practised; and, in addition to this, he
shall never be permitted to recover what he has surrendered.
Nor shall any witness be allowed to testify concerning anything which
is not contained in a will; so that, hereafter, all temptations for
dispute having been removed, whatever is found to be the manifest and
lawful tenor of such documents may not be brought into dispute, through
the machinations of a corrupt witness.
This law shall have equal force with those already promulgated.
If he who offers a will is of such rank and power that the said will
appears to have been rather exacted by, than offered to him, and this
fact can be proved, then the will shall be declared invalid; and
the property disposed of by it shall be distributed among the heirs
according to law.[15]
BOOK III.
CONCERNING MARRIAGE.
TITLE I. CONCERNING NUPTIAL CONTRACTS.
=I.= _Marriage shall not be Entered Into without a Dowry._
=II.= _It shall be as Lawful for a Roman Woman to Marry a Goth,
as for a Gothic Woman to Marry a Roman._
=III.= _Where a Girl Marries against the Will of her Father,
while she is Betrothed to Another._
=IV.= _When a Gift is made by way of Pledge, a Nuptial Contract
cannot be Rescinded._
=V.= _Women Advanced in Years shall not Marry Young Men._
=VI.= _What Property the Dowry shall consist of._
=VII.= _The Father shall Exact, and Keep, the Dowry of his
Daughter._
=VIII.= _In case of the Death of the Father, the Disposition of
the Children, of both Sexes, in Marriage, shall belong
to the Mother._
=IX.= _Where Brothers Defer the Marriage of their Sister, or
Where a Girl Marries Beneath her Station._
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