Documents of every description, where he who made them and the
witnesses to the same are dead, and in which the signature of the
former and the attestation of the witnesses appear, when brought into
court to be verified, may be proved by comparison of their seals and
signatures with those of other documents; and the proof shall be
sufficient in this investigation, if the seals and signatures of three
or four other documents, when introduced, shall be evidently those
of the parties in question. But if the documents aforesaid shall not
have been published within the time prescribed by law, they shall be
invalid.
=FLAVIUS CHINTASVINTUS, KING.=
=XV. Concerning Holographic Wills.=
It happens frequently, through necessity, that the solemnities of
the law cannot be complied with; and where the locality is such that
witnesses cannot be found, by whom any one may have his will subscribed
according to the regulations required by law, the testator may write
those things in his own hand which he desires to have done; provided it
be specifically stated, what he intends to dispose of, or what business
he wishes any one he may select to transact; the day and the year being
both given in the instrument. And when the will has been written, the
testator himself shall sign it; and if said will should come into the
possession of him for whose benefit it was made, or into that of his
heirs, within thirty years, it must be presented to the bishop or the
judge within six months thereafter. The bishop and the judge--three
other documents having been produced in which the signature of the
testator appears--shall then determine, by comparison of all these
documents, whether the will which the testator wrote with his own hand
is genuine or not, and if it should become evident that it is genuine,
then the bishop, or the judge, or other reputable witnesses, shall
confirm the same by their signatures, and, in this manner, the said
holographic will shall be fully proved and established.
=FLAVIUS RECESVINTUS, KING.=
=XVI. Concerning the Comparison of Documents, and the Infliction of
Penalties prescribed by Wills.=
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