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But as the imprudence or prodigality of a dying man might exhaust the inheritance and leave only risk and labor to his successor, he was empowered to retain the Falcidian portion; to deduct, before the payment of the legacies, a clear fourth for his own emolument.
The testament was opened in the presence of the witnesses, or a majority of them; and after they had acknowledged their seals, a copy was made, and the original was deposited in the public archives. By the Falcidian law, in the time of Augustus, no one could leave in legacies more than three fourths of his estate, so that the heirs could inherit at least one fourth.
But as the imprudence or prodigality of a dying man might exhaust the inheritance, and leave only risk and labor to his successor, he was empowered to retain the Falcidian portion; to deduct, before the payment of the legacies, a clear fourth for his own emolument.
In the same way a father was obliged to keep untouched for the children whatever had been left them by the mother on her decease ; and he must also leave them that part, at least, of his own property prescribed by the Falcidian Law.
The testament was opened in the presence of the witnesses, or a majority of them; and after they had acknowledged their seals a copy was made, and the original was deposited in the public archives. By the Falcidian law, in the time of Augustus, no one could leave in legacies more than three fourths of his estate, so that the heirs could inherit at least one fourth.
According to Dio no woman was, by this statute, permitted to receive more than 25,000 sesterces 1250 dollars. In the second century after Christ, this law had fallen into complete desuetude. II. By the Falcidian Law, passed in the latter part of the first century B.C., no citizen was allowed to divert more than three fourths of his estate from his natural heirs.
If women were to be disinherited, it was sufficient to mention them in an aggregate; but males must be mentioned specifically. I shall not concern myself particularly with testate succession, because here obviously the will of the testator could dispose as he wished, except in so far as he was limited by the Falcidian Law.
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