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Wherever it is now found, it may be shown to have descended from Roman law; and with it have come down a host of legal rules on the subject of Testaments and Testamentary gifts, which modern practitioners apply without discerning their relation to the parent theory.
In spite of all the testamentary precautions he could take, whatever of his estate might have been available for present support, was in the hands of lawyers, and mother was left with her children and the debts.
But as it speedily became plain that Caesar was very far from intending to be the testamentary executor of Catilina, and that the utmost which debtors might expect from him was some alleviations of payment and modifications of procedure, indignation found loud vent in the inquiry. For whom then had the popular party conquered, if not for the people? Caelius and Milo
Accordingly, some of the Indian Mahometan sovereigns, without pretending to any distinct testamentary power, claim the right of nominating the son who is to succeed. The blessing mentioned in the Scriptural history of Isaac and his sons has sometimes been spoken of as a will, but it seems rather to have been a mode of naming an eldest son.
"Gabriel! father! listen," cried Agricola, "all is not lost. There is yet hope. Do you hear, Gabriel? There is yet hope." "What do you say?" exclaimed the young priest, rising, and hardly believing the words of his adopted brother. "Gentlemen," said the notary; "I will read to you the superscription of this envelope. It changes, or rather, it adjourns, the whole of the testamentary provisions."
If the innkeeper were found guilty of embezzlement, he was to pay thrice the sum to the bishop, who could apply it as he wished. No custom, privilege, or statute was allowed to have force against this. Those who opposed it were made incapable of testing. Down to the sixth century we find no law of the Church touching the testamentary dispositions of Christians.
This he resisted to within a few days before the end, but finally gave in, and, not without great difficulty, wrote with his own hand a codicil, consisting of but three lines, in which the income only was to be enjoyed by the nephew, the principal to revert to his natural or testamentary heirs, after Karl's death.
"'In the name of God, Amen," commenced the methodical secretary; "'I, Wycherly Wychecombe, Bart., of Wychecombe-Hall, in the county of Devon, being of sound mind, but of a feeble state of health, and having the view of death before my eyes, revoking all other wills, codicils, or testamentary devises, whatsoever, do make and declare this instrument to be my last will and testament: that is to say, Imprimis, I do hereby constitute and appoint of , the executor of this my said will, with all the powers and authority that the law gives, or may hereafter give to said executor.
A testator is capable of making a valid will when he has a knowledge of his property and of his kindred; memory sufficient to recognize his proper relations to those about him; freedom from delusions affecting his property and his friends; and sufficient physical and mental power to resist undue influence. The fact of a man being subject to delusions may not affect his testamentary capacity.
"Yes," replied Father d'Aigrigny, bitterly, "for us, this possession is indeed a dream, for a codicil has been discovered, which puts off for three months and a half all the testamentary provisions. Now that our very precautions have roused the suspicion of all these heirs now that they know the enormous amount at stake they will be upon their guard; and all is lost."
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