will made verbally, in the presence of witnesses, which the testator,
being in extremity, was not able to put in writing, shall be fully
proved if the witnesses who heard it, and appeared at the request of
the testator, should confirm by oath, in the presence of the judge,
within the space of six months, what the testator had declared; and
this oath must be signed by the judge as well as by the witnesses. And
when the affair shall have been fully settled, the witnesses shall
receive for their trouble the thirtieth part of the property of the
defunct; but only in money, conveyances, and books, which otherwise
would belong to the heirs. The witnesses must, within six months, serve
notice upon those who are interested in the settlement of the estate,
of the disposition of the same made by the testator.
If any of the witnesses should neglect to carry out the provisions of
this law within the appointed time, they shall be liable to the penalty
of forgery; excepting, however, they should be able to prove that they
had been prevented from performing their duty within the six months
aforesaid, either through the fraud or deception of others, or by the
royal order; under which circumstances no blame shall be attached to
them.
=FLAVIUS CHINTASVINTUS, KING.=
=XII. How the Wills of those who Die during a Journey shall be Proved.=
If any one should die while on a journey, or on a public expedition, if
there should be no freeman with him, he may write his will with his
own hand. But if he does not know how to write, or if, from weakness,
is unable to do so, he may communicate his wishes to his slaves, whose
good faith must subsequently be established by the bishop and the
judge. And if the said slaves, at no time previously, have been guilty
of fraud, their statements shall be received and reduced to writing,
sworn to, and attached by the signatures of the bishop and the judge;
and afterwards, if confirmed by the royal authority, they shall be
valid.
=FLAVIUS CHINTASVINTUS, KING.=
=XIII. A Will must be Published in the Presence of a Priest, or of
Witnesses, within Six Months.=
A written will must be published within six months, either in the
presence of a priest, or of witnesses. And if any one should suppress
a will through fraud, he shall be compelled to pay as much out of his
own property to the beneficiaries of said will, as they are entitled to
according to its provisions.
=FLAVIUS CHINTASVINTUS, KING.=
=XIV. Concerning the Comparison of Handwriting, where Doubt attaches to
any Document.=
Public-domain text, read in full here on John Shaqi.
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