Minors under fourteen years of age who wish to dispose of their
property by will, or in any other manner, whether in writing, or in
the presence of witnesses, shall not be permitted to do so, unless
in case of serious illness, or impending death. But if they should
be impelled by necessity, as aforesaid all minors who are more than
ten years of age, have full liberty to make such disposition of their
property as they may desire. If, however, they should recover from
their illness, whatever they have done shall be void; unless, being ill
a second time, they should confirm what they have previously done; or,
having reached their fourteenth year, they should have full authority
to act for themselves in all matters in which they are interested. All
persons who are insane from infancy, or indeed from any age whatever,
and remain so without intermission, cannot testify, or enter into a
contract, and, if they should do so, it would have no validity. But
such as have lucid intervals, shall not be prohibited from transacting
business during those periods.
=FLAVIUS RECESVINTUS, KING.=
=XI. How Wills shall be Drawn Up and Proved.=
The last will of a dying person, whether it be signed by his hand
and those of witnesses, or confirmed by the seals and signatures of
all parties; or even if the testator could not write, or attach his
seal, and some one else be requested by him to affix his signature,
or seal, instead of his own, along with those of lawful witnesses; or
if the wishes of said testator should only be expressed verbally, in
the presence of others; where any one of the methods above stated is
adopted, the will shall be valid in law. But care must especially be
taken that those wills which are executed according to the first and
second regulations, that is, such as are signed by the testator and
witnesses, or confirmed by the seals of either of these parties, shall
be published in the presence of an ecclesiastic within six months, as
has been provided for in another law. And if it should happen that
the maker of the will, who should have signed it, attaches his seal,
the witness who has signed the will, must establish the fact by oath,
and explain why the testator attached his seal. But those wills that
are executed under the third provision hereinbefore stated, that is,
where a competent witness subscribed it at the request of the testator,
shall be considered valid if published within six months. And he who
signed the will instead of the testator, and the witnesses who had
been requested by the latter to be present, shall make oath concerning
these facts, before the judge, and shall swear that there was no fraud
in the execution of the will signed by them, but that it was drawn up
according to the wishes of the testator himself, and that they appeared
at his request, and thus the act of the agent of the testator who
subscribed the will in his stead shall be proved and confirmed. But a
Public-domain text, read in full here on John Shaqi.
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